Appeal No. 2006-2655
Application No. 10/750,810
R1 is C1-C16alkyl, C2-C16alkenyl or C5-C8cycloalkyl, each
unsubstituted or substituted by halogen, -CN, -NO2, -C=O, -C=S,
-NR2, -OR3, -SR4, -SO2R5, -COOR6 or by a 1,3,4-oxathiazol-2-one
radical;
R2 and R3 are each independently of the other hydrogen; C1-C5alkyl;
C6-C10aryl, or acyl;
R4 is hydrogen; C1-C5alkyl; or C6-C10aryl;
R5 is C1-C5alkyl; or C6-C10aryl; and
R6 is hydrogen; C1-C5alkyl; or C6-C10aryl,
and an orally tolerable adjuvant.
Obviousness under 35 U.S.C. § 103
Claims 18 and 19 stand rejected under 35 U.S.C. § 103(a) as obvious
over Muhlbauer1 in combination with Kaminski,2 Lang,3 or Blank.4
Answer 3.
Muhlbauer describes substituted oxathiazole-2-one compounds and
their preparation. Muhlbauer at 1, ll. 6-7. The compounds can be used as
fungicides (id. at 3, l. 11), the same activity5 described in the instant
application for the formula (1) compounds recited in claims 18 and 19. The
Examiner indicates that Muhlbauer (at 3, ll. 7-14; Examples 1-3 and 9; and
claims 13-16) teaches compounds which fall within the scope of claims 18
1 Muhlbauer et al. (Muhlbauer), GB 1,079,348, issued April 20, 1966. Also
referred to in the Answer as “Muehlbauer.”
2 Kaminski et al. (Kaminski), U.S. Pat. 4,115,588, issued Sep. 19, 1978.
3 Lang et al. (Lang), U.S. Pat. 4,772,689, issued Sept. 20, 1988.
4 Blank, U.S. Pat. 4,847,088, issued Jul. 11, 1989.
5 The specification characterizes the oxathiazolones of formula (1) as having
“antimicrobial action” against bacteria, yeast and molds. Specification 5.
Yeast and mold are fungi. The Random House Dictionary of the English
Language 859, 1526 (1968). A compound having antimicrobial action
against fungi can also be described as a “fungicide.” Id. at 535.
3
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