Appeal No. 2003-0061
Application No. 09/611,109
Appealed claims 2-9 and 18 stand rejected under 35 U.S.C.
§ 112, second paragraph.
Appellants submit at page 3 of the Brief that "claims 2 to 9
and 18 stand or fall together." Accordingly, all the appealed
claims stand or fall together with claim 18.
We have thoroughly reviewed each of appellants' arguments
for patentability. However, we are in complete agreement with
the examiner that the claimed subject matter is properly rejected
under 35 U.S.C. § 112, second paragraph. Accordingly, we will
sustain the examiner's rejection for the reasons set forth in the
Answer, which we incorporate herein, and we add the following for
emphasis only.
It is the examiner's position that the appealed claims
violate 35 U.S.C. § 112, second paragraph, with the recitation of
two limitations, namely, "methylene groups are optionally
independently replaced by O, N or S," and "methylene groups are
further optionally independently substituted with 1-2 oxo
groups." Since a methylene group has only two bonds whereas a
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