Ex parte ELOKDAH et al. - Page 7




             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.                                                                   


















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