Appeal 2007-0549 Application 10/399,312 therefore have not met their burden in establishing that the claimed process yields unexpected results. SUMMARY Because Liechti and Erckel suggest the use of N-methylpyrrolidone as the solvent in processes of preparing compounds of formula (1) from reactants of formulas (2) and (3), we affirm the Examiner’s rejection of claim 1 under 35 U.S.C. § 103(a). Claims 2-11 fall with claim 1. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). AFFIRMED dm CIBA SPECIALTY CHEMICALS CORPORATION PATENT DEPARTMENT 540 WHITE PLAINS RD P O BOX 2005 TARRYTOWN NY 10591-9005 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11
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