Appeal No. 2001-2272 Page 6
Application No. 08/809,719
on by applicant as rebutting any such prima facie case.1
The rejection of claims 18 through 35 under 35 U.S.C. § 103(a) 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 )
1 We are mindful that applicant characterizes Anelli as disclosing TEMPO
(specification, page 1, line 11). As stated in the text of this opinion, however, Anelli's
disclosure is restricted to the use of 4-methoxy-TEMPO (compound 3b). In the Hewitt
declaration, page 2, first full paragraph, declarant states that Anelli discloses the use of
4-methoxy-TEMPO. Conspicuous by its absence from the declaration is a statement
that Hewitt discloses the use of TEMPO in the oxidation of primary alcohols to
aldehydes.
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