Appeal No. 2002-2283
Application No. 08/882,513
in any form other than that appearing in a 2002 ACS CAPLUS
publication. The 2002 ACS CAPLUS publication is not itself prior
art with respect to the subject matter defined by the claims on
appeal. However, for purposes of this appeal only, we will
presume that the disclosure of the 2002 ACS CAPLUS publication of
CA 111:153338 is identical to CA 111:153338 itself. The 2002 ACS
CAPLUS publication of record reads:
The title compds. R1R2NCH2CH2F (I) = [R1 = (substituted)
Ph, phenylalkyl, pyridyl, etc.; R2 = H, alkyl haloalkyl,
alkanoylalkyl, etc.; or R1R2 = carbazole, (substituted)
phenothiazine, etc.; when R1 is substituted Ph, R2 is
other than 2-fluoroethyl], useful as insecticides and
microbicides [sic], were prepared. A mixt. of PhNH2
and BrCH2CH2F was heated at 60.degree. for 19 h to give
N-(2-fluoroethyl)aniline. A soln. contg. I (R1 = Ph,
R2 = PhCH2CO) (conc. 500 ppm) gave 75% control of
Pseudoperonospora cubensis.
We enter the following findings in light of material
information in the 2002 ACS CAPLUS publication of CA 111:153338
(hereafter Hayase):
(1) Hayase describes insecticidal and microbiocidal
N-(2-fluoroethyl-), N-aryl- or N-heterocyclic-amines. The
N-(2-fluoroethyl-) substituent appears to be necessary for the
amines to exhibit insecticidal and/or microbiocidal activity.
(2) Hayase does not teach that N-aryl- or N-heterocyclic-
amines with N-fluoroalkyl-substituents other than the
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