Appeal No. 1997-2010
Application No. 08/332,671
of Nichols because the reactants and products of Nichols and
appellants’ process are “structurally similar” and Nichols
discloses the same problem and solution as appellants (id.).
The examiner states that Nichols discloses a problem due to
the presence of by-product HCl and his solution was to
incorporate a hydrocarbon solvent into the reaction mixture to
facilitate removal of HCl upon reflux.
Therefore, although the HCl by-product might affect the
reactions differently, the process of Nichols and the process
of appealed
claim 1 both have the same problem and solution for HCl
removal (Answer, pages 4-5).
We find that the disclosure of Nichols is directed to the
production of monophosphates and there is no disclosure,
suggestion or teaching of the production of bis phosphates as
recited in claim 1 on appeal. The examiner is correct that
Nichols discloses diols as a possible alcohol reactant (see
column 3, lines 61-62) but Nichols does not disclose, teach or
suggest that the additional hydroxy group of the diol is
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007