Appeal No. 1996-1080
Application No. 07/869,111
executed on Apr. 19, 1990, June 6, 1991, and July 8, 1992,
respectively)(see the Brief, pages 15-21). The Watanabe I
Declaration and Experiments 7-10 of the Watanabe II and III
Declarations are directed to a showing regarding the rejection
of compound claims 1 and 2 on appeal, as discussed below.
Furthermore, the Watanabe III Declaration is essentially the
same as the Watanabe II Declaration (Brief, page 17, last
paragraph). Therefore, with respect to the rejection of claim
3 on appeal, we will limit our discussion to the results of
Experiments 1 through 6 of the Watanabe II Declaration.
Appellants admit that the reaction conditions in all of
the Experiments were not the same (Brief, page 16).2
Furthermore, at least one reaction variable differs between
the process of Watanabe and the Experiments of the Watanabe II
Declaration. After completion of the reaction, Watanabe adds
triethylamine or sodium bicarbonate (see Example 40 or Example
42, referring to Example 16) while the Experiments of the
Declaration use dimethylamine (see Experiment 1, page 2 of the
Watanabe II Declaration). The cause and effect of the
2Contrary to appellants’ admission on page 16 of the
Brief, Experiments 3 and 5 were both reacted at different
conditions (temperature and time) than Experiments 1, 2 and 4.
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