Ex Parte GROTE et al - Page 2




              Appeal No. 2003-1991                                                                         2                
              Application No. 09/412,258                                                                                    



                      THE INVENTION                                                                                         

              According to the appellants, the invention is directed to a C1 to C6 alkyl ester of 3-                        
              cyano-5-methyl hexanoic acid.  The invention is characterized by the formula in the                           
              following illustrative claim.                                                                                 
                                                       THE CLAIM                                                            

              Claim 3 is                                                             illustrative of                        

              appellants’                                                            invention and is                       
              reproduced                                                             below:                                 
                     3.  The                                                         compound having the                    
              formula                                                                                                       










                     wherein R1 is C1-C6 alkyl.                                                                             
                                             THE REFERENCE OF RECORD                                                        
              As evidence of obviousness, the examiner relies upon the following reference:                                 
              Benneville et al. (Benneville)                      3,110,723                        Nov. 12, 1963            






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