Ex parte MYLROIE - Page 2




          Appeal No. 94-2033                                                           
          Application No. 07/982,141                                                   


               Claims 1 and 8, which are illustrative of the subject matter            
          on appeal, read as follows:                                                  
               1.  A method of producing aromatic primary amines of the                
          formula R-Ar-NH  which comprises catalytically hydrogenating an              
                         2                                                             
          aromatic nitro compound of the formula R-Ar-NO  which is derived             
                                                         2                             
          from a sulfur-containing compound which is contaminated with                 
          sulfur, the hydrogenation being carried out in the presence of a             
          chromium-containing Raney cobalt catalyst and wherein R is a                 
          radical selected from the group consisting of Het-, Het-NH-,                 
          Het-Alk- and Het-Alk-O- and wherein Het- is a mono- or by-cyclic             
          nitrogen-containing unsaturated heterocyclic radical, Alk- being             
          a straight or branched chain alkylene radical of up to about 15              
          carbon atoms and -Ar- being a phenylene or a naphthylene radical.            
               8.  A method according to claim 1 wherein the compound                  
          R-Ar-NO  is contaminated with from about 50 to 10,000 ppm of                 
                 2                                                                     
          sulfur.                                                                      
                                    THE REFERENCES                                     
               The prior art references relied on by the examiner are:                 
          Petro                       3,997,478                Dec. 14, 1976           
          Lentz et al. (Lentz)        4,929,737                May  29, 1990           
                                                        (filed Feb. 3, 1988)           
          Leopold Horner et al. (Horner), Chemical Abstract 105:114375t,               
          "Hydrogen transfer.  73.  Hydrogenolysis studies of sulfur and               
          phosphorus compounds with Raney nickel," 105 General Organic                 
          Chemistry 615 (1986).                                                        
                                      THE ISSUE                                        
               The sole issue presented is whether the examiner erred in               
          rejecting claims 1 through 13 under 35 U.S.C. § 103 as                       
          unpatentable over the combined disclosures of Lentz, Horner and              
          Petro.  According to the examiner, the Lentz patent constitutes              



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