Appeal No. 1997-1301 Application No. 08/079,310 while Houlihan discloses these same substituents on the ortho carbon of the benzyl ring (i.e., the 6-position; see the Answer, paragraph bridging pages 3-4). The examiner applies Reichmanis for the disclosure of Scheme III on page 398 which sets forth the reaction mechanism for photogeneration of sulfonic acid via a heterocyclic intermediate (Answer, page 4). The examiner concludes that [t]he presence of the electron withdrawing group on the alpha carbon would also lead to increased steric hindrance and increased electronic stabilization during the light induced photoacid generation. . . . The presence of the electron withdrawing group on the alpha carbon would clearly lead to increased steric hindrance of the nitro benzyl sulfonyl ester and the intermediate compound with the heterocyclic ring. . . . The proximity of the electron withdrawing group to the sulfonyl group would facilitate the cleavage of the organosulfonyl acid leaving group. (Answer, pages 4-5). However, the examiner provides no convincing evidence or reasoning to support his theory and thus his conclusion. In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967)(“Where the legal conclusion of obviousness is not supported by facts it cannot stand.”). The teachings of Houlihan at col. 4, ll. 8-58 are directed to the effect of the 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007