Ex parte NEUMANN - Page 2


            Appeal No. 1998-0472                                                      
            Application No. 08/493,571                                                

            compound in the presence of a (C) a mixture of oxalic acid                
            and boric acid in a molar ratio of 1:5 to 1:0.1, at a                     
            temperature above room temperature.  Further details of this              
            appealed subject matter are set forth in claim 1 which reads              
            as follows:                                                               

                      1.  A process for the preparation of an alkylated               
                 or aralkylated polyhydroxy aromatic compound comprising              
                 reacting a polyhydroxy aromatic compound (A) with an                 
                 alkene or aralkene compound (B) at a temperature above               
                 room temperature in the presence of a mixture (C) of                 
                 oxalic acid and boric acid in a molar ratio of oxalic                
                 acid to boric acid of from 1:5 to 1:0.1.                             

                 The references relied upon by the examiner are as                    
            follows:                                                                  
            Rothrock                2,079,633            May  11, 1937               
            Gobran                  4,039,724            Aug.  2, 1977               
            Oppenlaender et al.      4,189,445            Feb. 19, 1980               
               (Oppenlaender)                                                         
            McAllister et al.        4,275,170            Jun. 23, 1981               
               (McAllister)                                                           
            Hoggins et al.      4,359,438            Nov. 16, 1982                    
               (Hoggins)                                                              
            Nelson                  4,390,680            Jun. 28, 1983               
            Durairaj                5,300,618            Apr.  5, 1994               
            German Patent            1,543,512            Jul. 31, 1969               
             (Dorogomilovsky Khimicheskiiy zavod im. Frunze, Moscow)                  
                 We note that the Japanese reference 59-65034 has been                
            withdrawn from use as a reference against appellant’s claims              
            because the examiner did not list or mention it in his                    
            Answer.                                                                   

                 Claims 1-12 and 21 are rejected under 35 U.S.C. § 103                
            as being unpatentable over German Patent Nos. 1,543,512 and               
            2,330,850, Oppenlaender, Nelson, and Durairaj in view of                  

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