Appeal No. 1999-0663
Application 08/624,047
is as follows:
Scott Appellants
Cu 30-90 30-90
Mg 2-30 10-30
K 2-30 0.1-10
A comparison of Scott’s preferred Cu:Mg:K atomic ratio (page 2,
lines 50-51) versus that in the appellants’ claim 12 is as
follows:
Scott Appellants
Cu:Mg:K 1.0 : 0.1-1.0 : 0.1-1.0 1.0 : 0.75-0.8 : 0.035-0.23
The overlap between the catalysts of the appellants and Scott as
to each metal and atomic ratio would have rendered the
appellants’ claimed catalyst prima facie obvious to one of
ordinary skill in the art over Scott. See Malagari, 499 F.2d at
1303, 182 USPQ at 553. Scott’s more preferred alumina specific
surface area is 75-200 m2/g, which is within the range recited in
the appellants’ claim 12.
Claim 13: Scott discloses using the catalyst for
oxychlorination of ethylene to 1,2-dichloroethane by reaction
with hydrogen chloride in the presence of molecular oxygen or an
oxygen-containing gas mixture such as air, preferably in a
fluidized bed (page 3, lines 43-48). Scott does not disclose
that the fluidized bed contains heat exchanger tubes. However,
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