Appeal No. 1998-0472
Application No. 08/493,571
Hoggins, McAllister, and Rothrock. We note that with
respect to German Patent No. 2,330,850, the examiner has
issued a new ground of rejection because this is a newly
cited reference. (Answer, page 4).
Claims 19 and 20 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
Hoggins, McAllister, and Rothrock, and further in view of
Gobran. We note that with respect to German Patent
No. 2,330,850, the examiner has issued a new ground of
rejection because this is a newly cited reference. (Answer,
page 4).
Opinion
For the reasons set forth below, we will reverse each
of the above noted rejections.
The pivotal consideration for each of the examiner's
§ 103 rejections concerns the limitation found in claim 1 of
preparing an alkylated or aralkylated polyhydroxy aromatic
compound in the presence of a mixture of oxalic acid and
boric acid.
Appellant argues that the primary references of German
Patent No. 1,543,512, Oppenlaender, Nelson, and Durairaj do
not disclose a mixture of oxalic acid and boric acid.
(Brief, pages 4-7). Appellant also argues that German
Patent No. 2,330,850 also does not teach a mixture of oxalic
acid and boric acid. (Reply Brief, page 2). The examiner
admits that these primary references do not disclose a
mixture of oxalic acid and boric acid in a molar ratio of
3
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