Application of Philip M. Carabateas

WORLEY, Chief Judge.

This appeal is from the decision of the Board of Appeals affirming the examiner’s rejection of claims 1 and 2 in appellant’s patent application1 for “4-aryl-4- (lower acyloxy)-l-(3-aryl-3-hydroxy-propyl)-piperidines and their preparation.” Appellant has withdrawn appeal of claim 2.

The appealed subject matter is represented by the chemical compound of claim 1:

1. 1 - (3-Hydroxy-3-phenylpropyl) - 4-phenyl-4-propionoxy-piperidine.

That compound has the structural formula

and is useful as an analgesic.

The references are:

Elpern II 2,846,437 August 5, 1958.

Elpern I 2,850,500…