Ex parte MARHOLD - Page 4




                  Appeal No. 95-0966                                                                                                                            
                  Application 07/984,079                                                                                                                        


                  is reacted with ammonia in the presence of a catalyst at 200 to 280 C.              0                                                         





                  THE REFERENCES OF RECORD                                                                                                                      

                  As evidence of obviousness the examiner relies upon the following reference:                                                                  

                  Andoh et al. (Andoh)                           4,521,622                    June 4, 1995                                                      

                  As evidence of non-obviousness, appellant relies upon the following reference:                                                                

                  Kobayashi Chem. Pharm Bull. Volume 23(3) 1975, pages 636- 639.                                                                                

                  THE REJECTIONS                                                                                                                                

                  Claims 1 through 6 stand rejected under 35 U.S.C. § 103 as being unpatentable over Andoh.                                                     

                  OPINION                                                                                                                                       

                  Having carefully considered the evidence of record before us, we conclude that the examiner has                                               

                  not established a prima facie case of obviousness within the meaning of 35 U.S.C. § 103.                                                      

                  Accordingly, we reverse the examiner's decision rejecting claims 1 through 6  under 35 U.S.C. § 103.                                          

                  Andoh teaches a process for producing an aromatic amine from an aromatic halide, by reacting the                                              

                  aromatic halide with ammonia in the presence of a copper catalyst. See the Abstract. In the disclosed                                         

                  process, some or all of the chloro groups are replaced by NH  groups.  See the examples in Andoh.                                             
                                                                                              2                                                                 
                  The examiner finds the temperature range for Andoh's process to be 170 - 250 C.   See column 2, lineo                                           


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