Ex parte WILLEY et al. - Page 6




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


          Significantly, caprolactams are not even mentioned as suitable              
          leaving groups among many specific leaving groups which are                 
          disclosed.                                                                  
               Moreover, Burns appears to teach away from using                       
          caprolactams as leaving groups by suggesting that the pKa                   
          value of the conjugate acid of the leaving group should be in               
          the range of about 4 through 13 (see Burns at col. 4, l. 9-                 
          16).  The examiner does not refute appellants' assertion that               
          the conjugate acid of caprolactam has a pKa of above 14, which              
          is outside the pKa range generally considered suitable for a                
          leaving group according to Burns.                                           
               In view of the foregoing, we find it unnecessary to                    
          discuss the other references cited by the examiner (Gray and                
          Cottrell) since they do not provide the requisite motivation                
          lacking in the combination of Castrantas with Brocklehurst.                 











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