Ex Parte SCHWINDEMAN et al - Page 11




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


          defined by the present claims on appeal, i.e., wherein halides are           
          limited to “displaceable halides” (independent Claims 1, 20                  
          and 32).  Therefore, on this record, we find that the subject                
          matter now claimed is described in the specification as required             
          under 35 U.S.C. § 112, first paragraph.  Consistent therewith, we            
          hold that the phrase “displaceable halides” in applicant’s claims            
          excludes fluoride.                                                           
               In addition, the examiner indicated that the terms                      
          “I,a-dihaloalkane” and ”I,a-dihaloalkene” do not encompass                   
          1,2-dihaloethanes and 1,2-dihaloethenes.  The examiner acknowledged          
          that “[t]he instant claims differ from the reference in claiming             
          one starting material different by one carbon from Hayase et al.             
          (EA 5).  The Examiner’s Answer states (EA 5)(emphasis added):                
                    Hayase et al. discloses preparation of N-(Flouorethyl)             
               aniline [sic] and heterocyclic analogues by the same                    
               process.  These compounds are useful as insecticides,                   
               acaricide, and microbicide.  A mixture of PhNH2 and                     
               bromo-flouroethane [sic] (BrCH2CH2F) was heated at 60O                  
               for 19 hours to give N-(Flouroethyl) aniline [sic].                     
               Appellants’ claims do not stand rejected over JP63-227552               
          (1988).  Therefore, while in a well-founded rejection the                    
          disclosure and teachings of Japanese Kokai Patent Application                
          63-227552 would be before us in all but the most extraordinary               
          cases, they are not here.  CA 111:153338 does not appear before us           

                                          11                                           





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007