Ex Parte SCHWINDEMAN et al - Page 5




          Appeal No. 2002-2283                                                         
          Application No. 08/882,513                                                   


          contained [sic] in the brief” (EA 2).  To the contrary, the Appeal           
          Brief expressly states that “[t]here are no related appeals and/or           
          interferences involving this application or its subject matter”              
          (AB 1).                                                                      
                    3.  The Examiner’s Answer suggests that “[t]he rejection           
          of claims stand [sic] or fall [sic] together because appellant’s             
          brief does not include a statement that this grouping of claims              
          does not stand or fall together and reasons in support thereof”              
          (EA 4).  To the contrary, the Appeal Brief explicitly states                 
          (AB 5):                                                                      
                    Claims 1-4, 9-10, 20, 27-28, and 30-31 may be                      
               considered together.                                                    
                    Claims 5-8, 21-22, and 32 stand separately as                      
               reciting dihaloalkane or dihaloalkene reagents which                    
               include at least three carbon atoms separating the                      
               halide substituents, a further feature that is neither                  
               taught nor suggested by the cited reference.                            
                    Claims 26 and 29 stand separately as reciting bromine              
               and chlorine halide substituents, a further feature that                
               is neither taught nor suggested by the cited reference.                 
                    4.  The Examiner’s Answer does not establish the full              
          scope and content of the prior art.  The sole reference, over which          
          the patentability of the subject matter applicants’ claims stand             
          rejected, is an abstract of Japanese Kokai Patent Application                
          63-227552, i.e., CA 111:153338, accession number 1989:553338                 


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