Ex parte WILLEY et al. - Page 3




                 Appeal No. 1997-3738                                                                                                                   
                 Application No. 08/469,741                                                                                                             







                          wherein R  is selected from the group consisting of H,                                                                        
                                          6                                                                                                             
                          alkyl, alkaryl, alkoxy, alkoxyaryl, alkaryloxy, and                                                                           
                                   aminoalkyl; X is O, NH, or NR wherein R  is H or a  7,                 7                                             
                 C -C1    4          alkyl group; and R  is an alkyl, cycloalkyl, or aryl         8                                                                                    
                 group             containing from 3 to 11 carbon atoms; provided that                                                                  
                 at least                   one R substituent is not H.                                                                                 
                          The following references are relied upon by the examiner                                                                      
                 as evidence of obviousness:                                                                                                            
                 Brocklehurst et al. (Brocklehurst) 3,075,921       Jan. 29,                                                                            
                 1963                                                                                                                                   
                 Gray                               3,637,339       Jan. 25,                                                                            
                 1972                                                                                                                                   
                 Castrantas et al. (Castrantas)     4,013,575       Mar. 22,                                                                            
                 1977                                                                                                                                   
                 Cottrell et al. (Cottrell)         4,299,716       Nov. 10,                                                                            
                 1981                                                                                                                                   
                          All of the appealed claims stand rejected under 35 U.S.C.                                                                     
                 § 103 for obviousness in view of Castrantas taken with                                                                                 
                 Brocklehurst and Gray.   With regard to claim 14, the examiner1                                                                                              
                 additionally relies upon Cottrell.2                                                                                                    

                          1Although the examiner's rejection refers to claims 4-17                                                                      
                 and 27-31, we note that only claims 4-14 and 27-31 are                                                                                 
                 pending; claims 15-17 have been previously canceled.                                                                                   
                          2A previous rejection under 35 U.S.C. § 112, first                                                                            
                 paragraph, has been expressly withdrawn in the Examiner's                                                                              
                                                                           3                                                                            





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