Appeal No. 1996-0716
Application 08/107,661
known what "herbicides and pesticides" could be prepared from
the intermediates prepared by appellants' process and would
have known how to prepare such "herbicides and pesticides". As
we observed at page 7 of our decision:
The parenthetical reference to U.S. Patent 4,675,447 at
line 10 is understood to represent only that said patent
discloses the compound 4-methylsulfonyl-1-methyl-2-
chlorobenzene, although appellants' citation to the
patent does not direct us to any particular portion of
the patent. (emphasis added, footnote omitted)
Thus, we are left to conjecture which of appellants'
intermediates may be converted to what specific "herbicides or
pesticides" and by what method the "herbicides and pesticides"
may be prepared.
At page 2 of their request, appellants discuss a portion
of our decision wherein we found that with respect to the
utility disclosed for Ludvik's compounds, appellants'
disclosure was not of the same scope as Ludvik's disclosure.
We specifically directed appellants' attention to Ludvik's
disclosure concerning what uses Ludvik disclosed for his
intermediates. Indeed, appellants acknowledged in their brief
that Ludvik discloses at column 1, lines 5 through 17 that
Ludvik's intermediates are "useful in the synthesis of
pesticides such as herbicides containing an
10
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