Ex parte HEMPRECHT - Page 3




                 Appeal No. 1997-2195                                                                                                                   
                 Application 08/102,752                                                                                                                 



                 rejected under 35 U.S.C. § 103 as follows: claim 1 over Lachhein;                                                                      
                 claims 1, 6 and 7 over Hamprecht ‘927 in view of Lachhein;                                                                             
                 claims                                                                                                                                 
                 1, 6 and 7 over Meyer; and claims 2-5 over Hamprecht ‘927.2                                                                            


                                                                        OPINION                                                                         
                          Appellant does not challenge the obviousness-type double                                                                      
                 patenting rejections (brief, page 5).  We therefore summarily                                                                          
                 affirm these rejections.                                                                                                               
                          As for the rejections under 35 U.S.C. § 103, we have                                                                          
                 carefully considered all of the arguments advanced by appellant                                                                        
                 and the examiner and agree with appellant that these rejections                                                                        
                 are not well founded.  Accordingly, we reverse the rejections                                                                          
                 under 35 U.S.C. § 103.                                                                                                                 
                                                Rejection of claim 1 over Lacchein                                                                      
                          Lacchein discloses pyrimidines which are useful as                                                                            
                 intermediates in the production of sulfonylureas which have a                                                                          
                 herbicidal effect (page 3).  The pyrimidines have hydrogen at the                                                                      


                          2A rejection of claim 1 under 35 U.S.C. § 102(b) over                                                                         
                 Lachhein is withdrawn in the answer (page 2).                                                                                          
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