Ex parte KUKLA et al. - Page 6

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

                 and teachings of Carabateas as a whole.  See In re Burckel,                                                                            
                 592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979)(“[A]                                                                                  
                 reference must be considered not only for what it expressly                                                                            
                 teaches, but also for what it fairly suggests.”).                                                                                      
                          Appellants’ argument that Carabateas fails to                                                                                 
                 specifically disclose any compounds with primary amino                                                                                 
                 substituents in any of the positions of the benzene ring is                                                                            
                 technically correct  but not persuasive (Brief, pages 5-6;2                                                                                                    
                 Reply Brief, page 1).  “Examples in a reference are merely                                                                             
                 that, exemplary of the broader disclosure, all of which is                                                                             
                 available for what it clearly teaches.”  In re Widmer, 353                                                                             
                 F.2d 752, 757, 147 USPQ 518, 523 (CCPA 1965).  See also In re                                                                          
                 Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA                                                                                   
                 1976)(“The fact that neither of the references expressly                                                                               
                 discloses asymmetric dialkyl moieties is not controlling; the                                                                          
                 question under 35 USC 103 is not merely what the references                                                                            
                 expressly teach, but what they would have suggested to one of                                                                          
                 ordinary skill in the art at the time the invention was                                                                                

                          2Although no examples in Carabateas are directed to                                                                           
                 primary amino substituents, the reference specifically teaches                                                                         
                 the preparation of compounds with a primary amino substituent.                                                                         
                 See col. 3, ll. 24-32.                                                                                                                 

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