Appeal 2007-0549
Application 10/399,312
470 F.2d at 651, 176 USPQ at 198. Liechti states that, to prepare
bis-benzoxazolyl-stilbene compounds, an aminophenol may be reacted with
“stilbene-4,4'-dicarboxylic acid or . . . a functional derivative . . . especially
an ester such as a diethyl ester or an acid halide such as the acid chloride”
(Liechti, col. 2, ll. 8-16 (emphasis added)). Based on Liechti’s statements,
we conclude that one of ordinary skill would have considered the
dicarboxylic acids and the acid chloride forms to be alternative reactants.
Appellants further argue that, rather than preparing the compounds
from dicarboxylic acid chloride intermediates, Erckel prepares the
compounds only from mono acid chloride precursors which have one
previously formed oxazolyl group (Br. 6). Appellants argue that “[t]hose
skilled in the art understand that compounds with mono acid moieties are not
necessarily anal[o]gous to compounds with di acid moi[e]ties, and thus,
would not be motivated to modify the teachings of the primary references
with the disclosure of Erckel” (id.).
We are not persuaded by Appellants’ argument. The reactants in both
Erckel’s and Liechti’s syntheses contain the same reactive groups:
carboxylic acid chlorides linked to stilbene moieties, and o-aminophenols.
Appellants do not explain why one of ordinary skill would have
considered Erckel’s synthesis non-analogous to Liechti’s, despite the
presence of the same reactive groups. In our view, because the reactants in
the references have the same reactive groups, and ultimately result in the
same final compounds, one of ordinary skill in the art would have
considered Erckel’s and Liechti’s synthesis schemes sufficiently analogous
that the same solvents could be used interchangeably.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013