Appeal No. 1998-0472
Application No. 08/493,571
We must agree with the examiner that McAllister and
Rothrock do establish that boric acid can catalyze phenols,
whether polyhydric or not polyhydric. However, we note that
this is in the context of a reaction between phenol with
formaldehyde, not in the context of a reaction between a
polyhydroxy aromatic compound with an alkene or aryalkene,
as recited in appellant's claim 1.
Also, although the examiner attempts to establish an
equivalency between acid catalysts used for phenol-
formaldehyde reactions and acid catalysts used for the
reaction concerning alkylation of phenol, based upon the
disclosure of Hoggins, we note that Hoggins is in the
context of phenol only, not a polyhydroxy aromatic compound.
Furthermore, we question the examiner's reasons to
combine the teachings of McAllister and Rothrock with the
primary references. The examiner states that it would have
been obvious to combine oxalic acid with boric acid in order
to achieve improvements from the use of boric acid, such as
enhanced fire retardancy, reduced combustion gases,
oxidation protection as taught in McAllister, and oil
solubility as taught in Rothrock. (Answer, pages 6-7).
However, we again note that these improvements taught in
McAllister and Rothrock are in the context of a resultant
polymer resin of a phenol-formaldehyde type reaction. It is
difficult to know whether such improvements would be
obtained for polymers resulting from a polyhydric phenol-
alkene/aralkene type reaction as claimed in appellant's
claim 1, and the examiner has not explained why one skilled
in the art would reasonably believe that the same results
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