Appeal No. 2003-2146 Page 15
Application No. 09/546,143
Accordingly, we reverse the rejection of claim 25 under 35 U.S.C.
§ 102(e) as anticipated by Barbier.
THE REJECTION UNDER 35 U.S.C. § 103:
According to the examiner (Answer, page 11), Barbier “disclose a group of
intermediates represented by formula III which resembles … [appellants’]
claimed formula XI….” From this the examiner asserts (id.), “[w]hile Barbier et al.
do not disclose the cis-configuration of compounds of formula III or its species,
such form is suggested in the racemic mixture of cis- and trans- represented by
formula III.” Accordingly, the examiner concludes (Answer, page 12), since
4 We also note the examiner’s statement (Answer, page 11), Barbier “do not disclose the cis-
configuration of compounds of formula III or its species….”
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007