Appeal No. 2006-0333 Page 5
Application No. 09/798,181
The examiner asserts that Wenderoth “specifically identifies the claimed
compound (130) as extremely effective on a broad spectrum of phytopathogenic
fungi (col. 11 lines 63-65).” Examiner’s Answer, page 7. Column 11, lines 63-65
of the Wenderoth patent, however, states that “[i]n general terms, the novel
compounds are extremely effective on a broad spectrum of phytopathogenic
fungi.” Thus, the statement being relied upon by the examiner is not drawn to
compound 130 specifically, but to the entire class of compounds, and as above,
we do not find that it provides any suggestion to choose compound 130, which is
not used in any of the examples, nor named any place in the patent outside of
the table found at columns three to twelve, listing the 191 different compounds.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007