Ex parte FLOOD et al. - Page 3




                 Appeal No. 1997-3045                                                                                                                   
                 Application 08/286,835                                                                                                                 


                                                               THE REFERENCES                                                                           
                 McGhee et al. (McGhee)         5,189,205         Feb. 23, 1993                                                                         
                 McGhee et al. (EP ‘948)       0 511 948 A2       Nov.  4, 1992                                                                         
                          (European patent application)                                                                                                 
                 McGhee (WO ‘032)              WO 94/17032        Aug.  4, 1994                                                                         
                          (PCT application)                                                                                                             
                 Yasuhiko Yoshida et al. (Yoshida), “A Direct Synthesis of                                                                              
                 Carbamate Ester from Carbon Dioxide, Amine and Alkyl Halide”,                                                                          
                 Chem. Lett. 1571-72 (1984).                                                                                                            
                                                               THE REJECTIONS                                                                           
                          Claims 3-17 and 21-25 stand rejected under 35 U.S.C.                                                                          
                 § 103 as being unpatentable over McGhee, EP ‘948, WO ‘032 or                                                                           
                 Yoshida.2                                                                                                                              
                                                                     OPINION                                                                            
                          We have carefully considered all of the arguments                                                                             
                 advanced by appellants and the examiner and agree with                                                                                 
                 appellants that the aforementioned rejections are not well                                                                             
                 founded.  Accordingly, we reverse these rejections.                                                                                    

                          2The examiner states in the answer that claims 1-17 are                                                                       
                 rejected (page 3).  However, because the examiner states in                                                                            
                 the answer (page 1) that the appeal involves claims 3-17 and                                                                           
                 21-25 and states in the final rejection (mailed November 20,                                                                           
                 1995, paper no. 7) that claims 3-17 and 21-25 are rejected,                                                                            
                 the statement in the answer that claims 1-17 are rejected                                                                              
                 appears to be inadvertent.  Thus, we consider the rejection of                                                                         
                 claims 3-17 and 21-25 to be before us.                                                                                                 
                                                                         -3-3                                                                           





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