Appeal No. 1997-2434
Application No. 08/209,174
examiner that compounds P-28, P-29, P-30 and P-31 all contain
the claimed quaternary nitrogen atoms and the tertiary amine
function. Appellant maintains at page 6 of the Brief that
"[e]ach of the Formulas of Claim 1 of the subject invention
has at least one linking group as defined between the
quaternary nitrogen and the tertiary amine . . . Kojima
clearly does not disclose such a structure nor is there
anything in Kojima that suggests such a structure." However,
as explained above, appealed claim 1 fails to recite any such
linking group between the quaternary nitrogen and the tertiary
amine.
Turning to the rejection over Okamura '919 and Kuwabara,
appellant submits the imidazoline structure of the references
is an aromatic system and "one of ordinary skill in the art
understands that a tertiary amine is not formed in a N, N-
disubstituted imidazolium group." (page 6 of brief, second
paragraph). As evidentiary support for the argument,
appellant cites Beilstein EIII/IV 23, page 568, formula V.
However, although Beilstein discloses an imidazolium group
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