Appeal No. 1999-1685
Application 08/564,345
1 USPQ2d 1906 (Bd. Pat. App. Int. 1986) (the issue is not whether the examiner can
conjure up a substituent group which does not exist. A person having ordinary skill in
the art would readily appreciate that compounds containing such substituent group do
not exist).
The examiner's decision, rejecting claims 1 through 9 and 11 through 13, is
reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
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