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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