Appeal No. 1997-2434
Application No. 08/209,174
that corresponds to the pertinent moieties of Okamura '919 and
Kuwabara, appellant fails to point to where in the Beilstein
disclosure it is taught that the nitrogen atom having the
alkyl substituent is not considered a tertiary amine function.
Hence, appellant has not effectively rebutted the examiner's
factual determination that the cited compounds of Okamura '919
and Kuwabara are onium compounds which have the presently
claimed
quaternary nitrogen atom and tertiary amine function. To the
extent there is a distinction between the onium compounds
which make up appellant's disclosed invention and those taught
by the applied prior art, such distinction is not apparent
from the recitation of appealed claim 1, with which all the
appealed claims stand or fall together.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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