Appeal No. 1997-2434
Application No. 08/209,174
Appealed claims 1-11 stand rejected under 35 U.S.C. §
102, or in the alternative, under 35 U.S.C. § 103 as being
unpatentable over Okamura '919, Kojima or Kuwabara.
We have thoroughly reviewed each of appellants' arguments
for patentability. However we find that appellant has not
presented sufficient reasoning or evidence to establish that
the examiner's rejections are in error. Accordingly, we will
sustain the examiner's rejections.
Appellant contends at page 5 of the brief that "[n]one of
the references disclose or even suggest a compound having a
quaternary nitrogen atom connected by a linking group to a
tertiary amine group as represented by Formula I of Claim 1."
However, as properly pointed out by the examiner, appellant's
argument is not germane to the subject matter defined by
appealed claim 1, since claim 1 fails to recite any Formula,
Formula I or otherwise. Simply put, appealed claim 1 does not
require that the quaternary nitrogen atoms and the tertiary
amine groups are connected by any linking group.
Regarding the rejection over Kojima, we agree with the
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