Ex Parte Eliu et al - Page 2

              Appeal 2007-0549                                                                     
              Application 10/399,312                                                               

              reacted with bifunctional aromatic compounds to form the heterocyclic rings          
              in a single reaction step” (id.).                                                    
                    The Specification discloses, however, that the prior art processes “are        
              disadvantageous since they demand extremely high reaction temperatures,              
              resulting in the formation of impurities which are difficult to remove from          
              the final products and, as a consequence, loss of product yields” (id.).  Also,      
              “such high-boiling solvents are . . . difficult to remove from the reaction          
              products and may further result in crust-formation inside reaction vessels,          
              thus impeding work-up of the final products.  Additionally, employment of            
              chlorinated aromatic solvents . . . is undesirable for ecological reasons” (id.).    
                    The Specification discloses processes in which bis-benzazolyl                  
              compounds are prepared by reacting dicarboxylic acids or their esters with           
              bifunctional aromatic compounds, such as aminophenol, in the presence of             
              an acid catalyst, using N-methylpyrrolidone or N,N-dimethylacetamide as              
              the solvent (id. at 2).                                                              
                                          DISCUSSION                                               
              1.  CLAIMS                                                                           
                    Claims 1-11 are pending and on appeal.  The claims have been argued            
              together (Br. 4),1 and therefore stand or fall together.  37 C.F.R.                  
              § 41.37(c)(1)(vii).  We will focus on claim 1, the broadest claim on appeal,         
              which reads as follows:                                                              
                    1. A process for the preparation of a compound of the                          
                    formula                                                                        


                                                                                                  
              1 Supplemental Appeal Brief received June 22, 2006.                                  

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