Appeal No. 1997-2195
Application 08/102,752
5-position, can have an amino group at the 2-position, and a halo
(C -C )alkoxy group at the 4- and 6-positions (page 2). In a
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table of substituents of pyrimidines which Lacchein states can be
produced, the substituent at the 4- and 6-positions is
trifluoromethoxy (pages 9-10).
The examiner argues that it would have been obvious to one
of ordinary skill in the art to select from Lacchein’s generic
disclosure of halo(C -C )alkoxy substituents at the 4- and
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6-positions, appellant’s chlorodifluoromethoxy substituent at the
4-position and trifluoromethoxy substituent at the 6-position
(answer, page 3).
Appellant argues, in reliance upon a declaration by
Hamprecht (filed December 12, 1991 in Application No. 07/663,975,
Paper No. 9), that producing appellant’s pyrimidines by the
method in U.S. 4,831,138 to Lacchein (col. 1, lines 52-58), which
is the method disclosed in the Lacchein reference relied upon by
the examiner (page 3), requires trifluoromethanol as a reagent
(declaration, pages 5-6). Hamprecht argues, in reliance upon
published technical articles, that because trifluoromethanol is
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