Ex Parte FRUCHEY et al - Page 2


             Appeal No. 2000-0639                                                    Page 2                      
             Application No. 08/537,560                                                                             

                                           REPRESENTATIVE CLAIMS                                                    
                    Claims 1 and 5, which are illustrative of the subject matter on appeal, read as                 
             follows:                                                                                               
             1.     A process for the preparation of 1-aryl-2-(1-imidazolyl) alkyl ethers and thioethers            
             comprising                                                                                             
                    (a) alpha brominating an aromatic or heterocyclic derivative under suitable                     
                       reaction conditions; and ,                                                                   
                    (b) coupling the product of step (a) with an imidazolyl ethanol derivative under                
                       suitable conditions.                                                                         
             5.     A process for the preparation of tioconazole comprising                                         
                    (a) alpha brominating 2-chloro-3-methylthiophene in the presence of a peroxide                  
                       and cyclohexane solvent, under suitable reaction conditions; and,                            
                    (b) contacting the product of step (a) with 1-(2,4-dichlorphenyl [sic])-2-(1-                   
                       imidazolyl)ethanol under suitable conditions.                                                

                                                THE PRIOR ART                                                       
                    In rejecting claims 1 through 17 and 20 under 35 U.S.C. § 112, second                           
             paragraph, the examiner does not rely on any prior art references.                                     


                                                THE REJECTION                                                       
                    Claims 1 through 17 and 20 stand rejected under 35 U.S.C. § 112, second                         
             paragraph, as not particularly pointing out and distinctly claiming the subject matter                 
             which applicants regard as their invention.1                                                           






                                                                                                                    
             1 As indicated in the Examiner’s Answer (Paper No. 11), page 5, a previously entered rejection of claims
             under 35 U.S.C. § 112, first paragraph, has been withdrawn, and claim 21 now stands allowed.           





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