Appeal No. 1997-1965 Application No. 08/466,482 either disclose no utility whatsoever (Venkataratnam and Beilstein) or disclose that the benzimidazoles in question are intermediates useful in preparing structurally distinct final products (Raeymaekers, and Gevaert). Second, the examiner’s position to the contrary notwithstanding, the compounds of the primary and secondary references are not “closely related” in structure. Aikawa does not disclose or suggest benzoyl benzimidazoles or reduction products thereof. Further, the compounds of Harsányi require sulfur at the 2- position of the benzimidazole ring unlike the compounds disclosed by the primary references (Raeymaekers, Venkataratnam, Gevaert, and Beilstein) which are relied on by the examiner. In our judgment, therefore, a person having ordinary skill in the art would not have attributed to the compounds of each primary reference the properties or utilities disclosed by the secondary references. 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007