Appeal No. 2005-1096
Application 08/894,156
in which R5 is C1 to C12 alkyl which is unsubstituted or in which 1, 2, or 3
hydrogen atoms are replaced by a radical
O
H
C N R1.
THE REFERENCES
In rejecting the appealed claims under 35 U.S.C §103, the Examiner relies on
the following references:
Hennig et al. (Hennig) 3,367,956 Feb. 6, 1968
Wagner et al. (Wagner I) 3,903,127 Sep. 2, 1975
Wagner et al. (Wagner II) 3,976,622 Aug. 24, 1976
Mohring et al. (Mohring I) 4,152,350 May 1, 1979
Mohring et al. (Mohring II) 4,192,936 Mar. 11, 1980
Claims 1 to 5, 8 to 11 and 13 to 17 stand rejected under 35 U.S.C. §103(a) as
unpatentable over Mohring I or Mohring II in view of Wagner I or Wagner II and
Hennig.
We have carefully reviewed the claims, specification and applied prior art,
including all of the arguments advanced by both the Examiner and Appellants in
support of their respective positions. This review leads us to conclude that the
Examiner’s rejection under 35 U.S.C. §§ 103(a) is not well founded.
Rather than reiterate the conflicting viewpoints advanced by the Examiner
and the Appellants regarding the above-noted rejections, we make reference to
Appellants' Brief filed February 05, 2004, Reply Brief filed July 19, 2004 and the
Examiner’s answer mailed May 19, 2004.
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