Appeal No. 1997-2195
Application 08/102,752
claimed invention over the combined teachings of Hamprecht ‘927
and Lacchein.
Rejection of claims 1, 6 and 7 over Meyer
Meyer discloses pyrimidines which are useful as
intermediates for making sulfonylureas having a herbicidal action
(col. 1, lines 4-7; col. 2, lines 36-47). Meyer’s pyrimidines
can have a halo(C -C )alkoxy substituent at the 6-position
1 4
(col. 1, lines 49-52; col. 2, lines 36-47). One of the preferred
substituents at the 6-position is difluoromethoxy (col. 3,
lines 1-6). The only disclosure by Meyer regarding how to make
the pyrimidines is that they can be made by known methods
(col. 4, lines 1-3).
The examiner argues that it would have been obvious to one
of ordinary skill in the art to select trifluoromethoxy as
Meyer’s halo(C -C )alkoxy substituent (answer, page 6). The
1 4
examiner does not explain, however, in response to the Hamprecht
declaration, how one of ordinary skill in the art would have
formed the trifluoromethoxy substituent. Consequently, we
conclude that the examiner has not established a prima facie case
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007