Ex parte BAY - Page 5




          Appeal No. 1999-1153                                                        
          Application 08/324,549                                                      


                                       OPINION                                        
               We reverse the aforementioned rejections.  We need to                  
          address only the independent claims, i.e., claims 1 and 21, to              
          which, respectively, the first and second rejections are                    
          applied.                                                                    
                                Rejection of claim 1                                  
               The examiner points out that Phillion (page 1611, scheme               
          1, conversion of 6 to 7), Rajeswari (page 5100, conversion of               
          1 to 3), CA ‘979 (reaction 5), and CA ‘801 (reaction 5)                     
          disclose reactions of silylamine compounds with acid halides                
          (answer, pages 4-5).  The examiner argues that the only                     
          difference between the appellant’s claimed process and the                  
          processes in the references is that they use different                      
          silylamine starting materials (answer, page 5).  The examiner               
          argues that one of ordinary skill in the art would have been                
          motivated to use the appellant’s (Si-substituted amino)-1,3,5-              
          triazines as the starting material in the processes of the                  
          references because they were known compounds and, because they              
          are analogous to the starting materials in the references in                


          appellant should correct these errors.                                      
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