Appeal No. 1997-2193
Application 07/986,648
with the nitrogen atoms to which they are bonded and W,
form a ring; and Y is an anionic hydrophilic polar group
comprising at least one carbon, nitrogen, oxygen, or
sulfur atom.
THE REJECTIONS
It is difficult from the record for us to state with
precision exactly what rejections the examiner has maintained
and from which rejections appellants appeal. In Paper Number
15, the examiner: rejected claims 1 through 14 and 17 under 35
U.S.C. § 112, second paragraph; rejected claims 1 through 14
and 17 "as being drawn to improper Markush group including
patentably distinct members"; objected to the specification
under 35 U.S.C.
§ 112, first paragraph, as non-enabling and then rejected
claims 1 through 14 and 17 under the same section of the
statute and further relied on the Manual of Patent Examining
Procedure (MPEP) §§ 706.03(n) and 706.03(z) in support of that
rejection; rejected claims 1 through 14 and 17 under 35 U.S.C.
§ 103 as unpatentable from Dear et al. considered with Groves
and Muller or over Hoechst, alone; rejected claim 1 under 35
U.S.C. § 112, first and second paragraphs; and, rejected claim
17 for the reasons claim 1 was rejected under both first and
second paragraph of 35 U.S.C. § 112 and additionally as a
3
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