Appeal No. 1998-0900
Application No. 08/290,047
Takeshi Hibino et al. (Hibino)1 60-118,190 June 25, 1985
(Japanese Patent Application)
A reference cited by this merits panel:
Morrison and Boyd, Organic Chemistry, 2nd Ed., Allyn and Bacon, Inc., page 84, 1966.
(Copy Attached)
Grounds of Rejection
Claims 1 - 4, 15, and 16 stand rejected under 35 U.S.C. § 112, first and second
paragraphs, as being based on an insufficient written description and failing to
particularly point out and distinctly claim the invention.
Claims 1 - 3 stand rejected under 35 U.S.C. § 112, second paragraph, as failing
to particularly point out and distinctly claim that which applicants regard as their
invention.
Claims 1 - 4, 15, and 16 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies on Hibino.
Claims 1 - 4, 15, and 16 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Wagner, Heilmann, and Ishii.
We affirm the rejection of claims 1 - 4, 15, and 16 under the first and second
paragraph of 35 U.S.C. § 112, reverse the rejection under 35 U.S.C. § 112, second
paragraph, alone, and reversed both rejections under 35 U.S.C. § 103. We,
1 A translation of this Japanese Kokai Patent Application has been suppled to the PTO by The
Ralph McElroy Translation Company in April 1996. While the examiner has listed the publication date of
this reference as 8/1983 (Answer, page 5), we note that the publication date, according to the translation,
is June 25, 1985 which is subsequent to the filing date of the application. Therefore, it does not appear
that this document constitutes prior art to the presently claimed invention and we have not considered this
document in resolving the issues presented by this appeal.
3
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