Ex parte KUKLA et al. - Page 2




            Appeal No. 1997-1826                                                                          
            Application No. 08/304,951                                                                    

            remaining claims in this application, were amended subsequent                                 
            to the final rejection and have been allowed by the examiner                                  
            (see the amendment dated Aug. 21, 1995, Paper No. 8; the                                      
            Advisory Action dated Sept. 11, 1995, Paper No. 9; and the                                    
            Brief, page 2).                                                                               
                  According to appellants, the invention is directed to                                   
            intermediates of a specified formula useful in the synthesis                                  
            of certain tetrahydroimidazo[1,4]benzodiazepin-2-(thi)ones                                    
            that have anti-retroviral properties (Brief, pages 2-3).                                      
            Appellants state that the appealed claims stand or fall                                       
            together (Brief, page 3).  In accordance with this statement                                  
            and the provisions of 37 CFR                                                                  
             1.192(c)(7)(1995), we select claim 14 from the group of                                     
            claims and decide this appeal as to the ground of rejection on                                
            the basis of this claim alone.  A copy of illustrative claim                                  
            14 is reproduced and attached as an Appendix to this decision.                                
                  The examiner has relied upon the following reference as                                 
            evidence of obviousness:                                                                      
            Carabateas                     3,384,635                      May 21, 1968                    





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