Appeal 2007-0549
Application 10/399,312
USPQ2d 1843, 1846 (Fed. Cir. 1989) (quoting In re Lamberti, 545 F.2d 747,
750, 192 USPQ 278, 280 (CCPA 1976).) Thus, “[a]ll the disclosures in a
reference must be evaluated, including nonpreferred embodiments, and a
reference is not limited to the disclosure of specific working examples.” In
re Mills, 470 F.2d 649, 651, 176 USPQ 196, 198 (CCPA 1972) (citations
omitted).
Even though Liechti’s most relevant working examples do not use
dimethyl formamide, the reference expressly discloses that, in processes of
producing bis-benzoxazolyl-stilbene compounds from either dicarboxylic
acids or their corresponding chlorides, “[t]here may also be used additionally
high-boiling, polar, organic solvents such, for example, as dimethyl
formamide . . . .” (Liechti, col. 2, ll. 47-49.) We agree with the Examiner that
this teaching, combined with Erckel’s disclosure that N-methylpyrrolidone or
dimethyl formamide can be used in producing such compounds from acid
chlorides, would have made it obvious to use N-methylpyrrolidone as a
solvent when preparing bis-benzoxazolyl-stilbenes from stilbene dicarboxylic
acids.
Appellants further argue that the appealed claims require the use of
dicarboxylic acids or their esters as reactants, while “the working Examples
of Liechti teach the use of acid chlorides, as does Erckel. One skilled in the
art then would conclude from this combination that it is necessary to first
convert the diacid to a diacid chloride in order to perform the reaction.”
(Br. 6.)
We are not persuaded by this argument. As noted supra, “a reference
is not limited to the disclosure of specific working examples.” In re Mills,
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