Ex parte RIEGER et al. - Page 6

          Appeal No. 1995-5117                                                        
          Application No. 08/067,154                                                  

          transmission minimum and voltage holding ratio are not taught               
          and would not have been suggested by the claims of Rieger.  As              
          properly indicated by the examiner, however, these                          
          characteristics would have been inherently possessed by those               
          compounds embraced within claim 1 of Rieger which correspond                
          to the compounds embraced within appealed claim 4.  Stated                  
          otherwise, the discovery of an unknown property of previously               
          disclosed compounds or compositions cannot impart                           
          patentability to claims directed to such compounds or                       
          compositions.  In re May, 574 F.2d 1082, 1089, 197 USPQ 601,                
          607 (CCPA 1978) and In re Spada, 911 F.2d 705, 708-709, 15                  
          USPQ2d 1655, 1657 (Fed. Cir. 1990).                                         
               As a consequence of the above analysis, we will sustain                
          the examiner’s obviousness-type double patenting rejection of               
          appealed claims 4, 5 and 12 as being unpatentable over claims               
          1 and 7 of the Rieger patent.                                               
               Arguments similar to those addressed earlier are                       
          presented by the appellants concerning the examiner’s section               
          103 rejection based on Weber.  While we appreciate that                     
          Weber’s disclosure is generic in nature, the fact remains that              
          compounds defined by formula IIc of Weber (see columns 5 and                


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