Ex parte SHIRAGAMI et al. - Page 3


                  Appeal No.  1997-0481                                                                                     
                  Application No.  08/161,071                                                                               



                         The reference relied upon by the examiner is:                                                      
                  Eastwood et al. (Eastwood), “The Conversion of 2-Dimethylamino-1, 3-Dioxolans                             
                  into Alkenes,” Tetrahedron Letters, Vol. 60, pp. 5223-224 (1970)                                          

                                               GROUND OF REJECTION                                                          
                         Claims 19, 20, 23, and 24 are rejected under 35 U.S.C. § 103 as obvious                            
                  over Eastwood.                                                                                            
                         We reverse.                                                                                        
                                                      DISCUSSION                                                            
                         In reaching our decision in this appeal, we have given careful consideration                       
                  to the appellants’ specification and claims, and to the respective positions                              
                  articulated by the appellants and the examiner.  We make reference to the                                 
                  Examiner’s Answer1 for the examiner’s reasoning in support of the rejection.  We                          
                  further reference appellants’ Brief2 for the appellants’ arguments in favor of                            
                  patentability.  We note the examiner’s communication3 denying entry of appellants’                        
                  Reply Brief4, appellants did not petition for entry of the Reply Brief.  Accordingly, we                  

                  will not consider the Reply Brief.                                                                        
                         We also note appellants’ Request for Oral Hearing5 and appellants’                                 
                  Confirmation of Oral Hearing6.  In the Confirmation of Oral Hearing, appellants’                          

                                                                                                                            
                  1 Paper No. 61, mailed March 7, 1996.                                                                     
                  2 Paper No. 60, received December 1, 1995.                                                                
                  3 Paper No. 64, mailed July 31, 1996.                                                                     
                  4 Paper No. 63, received May 2, 1996.                                                                     
                  5 Paper No. 62, received May 2, 1996.                                                                     

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