Ex Parte Holtrup et al - Page 5




          Appeal No. 2002-2217                                                        
          Application 09/549,016                                                      


               The appellants argue that Cox does not teach that the resin            
          disclosed therein can be used to break crude oil emulsions                  
          (brief, page 8).  This argument is not persuasive because the               
          appellants’ claim 1 does not require that the resin is capable of           
          breaking crude oil emulsions.                                               
               The appellants argue that one of ordinary skill in the art             
          would not replace amino substituents on Cox’s substituted aniline           
          with alkyl substituents (brief, pages 8-9).  This argument is not           
          well taken because Cox discloses not only amino-substituted                 
          anilines, but also alkyl-substituted anilines (col. 3, lines 59-            
          60 and 65-67; col. 19, lines 39-55).                                        
               The appellants argue that Cox does not disclose a                      
          homogeneous resin obtainable from a compound having formula 1 of            
          the appellants’ claim 1 (brief, page 10).  We are not persuaded             
          by this argument because that claim does not exclude reacting the           
          compound of formula 1 with an additional compound other than                
          components A and B.                                                         
               The appellants argue that 1) Cox discloses a phenol-                   
          containing composition, 2) the objective of the appellants’                 
          invention is to eliminate phenols, and 3) there is no OH group in           
          formula 1 of the appellants’ claim 1 (brief, pages 5 and 9; reply           
          brief, page 3).  The appellants’ claim 1, however, merely                   

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