Ex parte KOSLEY JR. et al. - Page 6




          Appeal No. 1997-2167                                                        
          Application 08/137,444                                                      
          including the well-argued positions taken by both the examiner              
          and the appellants.  We find, however, that the examiner has                
          failed to make out a prima facie case of unpatentability under              
          the relevant statutes as the statutes have been interpreted by              
          our reviewing courts.  Accordingly, for reasons expressed                   
          fully below, we shall reverse each of the examiner's stated                 
          rejections.                                                                 
                                     THE CLAIMS                                       
               Our analysis of the issues before us begins with a                     
          determination of the scope and content of what appellants                   
          claim as their invention.  As claims pending in a yet to be                 
          patented application, we must give the claims their broadest,               
          reasonable interpretation, consistent with appellants'                      
          disclosure as said disclosure would have been understood by a               
          person of ordinary skill in the art at the time appellants                  
          made their invention, but without importing limitations from                
          the specification into the claims for the purpose of narrowing              
          the scope of the claims.                                                    
               The compound claims (claims 1 through 46 and 52) are                   
          directed solely to a specific group of compounds.  The                      
          specific group of compounds is defined solely by the                        
          substitutents R , R  and R  located at the various positions1  2      3                                                  
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