Ex parte CLEMENCE et al. - Page 2




              Appeal No. 1997-1280                                                                Page 2                
              Application No. 08/356,912                                                                                


              are directed to substituents on the benzene ring and to R  and R  substituents on atom1       2                                      
              number 3 of the indane structure.  Three alternatives are included in the claimed subject                 

              matter.  If the substituents on the benzene ring are both NO  then R  and R  on the indane2,      1       2                           
              structure are unsubstituted.  If one substituent on the benzene ring is NO  and the other is              
                                                                                          2                             
              hydrogen, then both R  and R  substituents on atom number 3 of the indane structure must1       2                                                                          
              be other than hydrogen.  If the substituents on the benzene ring are selected from the group              

              of hydrogen, alkyl, -CF , -NH , sulfamino, and mono and dialkyl amino, then R  and R   on the3      2                                               1      2                 
              indane structure contains two constituents individually selected from the group consisting of             
              hydrogen, alkyl of 1 to 5 carbon atoms or together with the carbon atom to which they are                 
              attached form cycloalkyl of 3 to 6 carbon atoms.                                                          
                                                     THE CLAIMS                                                         

                     Claim 33 is illustrative of appellants’ invention and is reproduced in the attached                
              appendix.                                                                                                 
                                           THE REFERENCE OF RECORD                                                      

                     As evidence of obviousness, the examiner relies upon the following reference.                      
              Pennev et al. (Pennev)                    4,876,269                   Oct. 24, 1989                       















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