Ex Parte Murdoch - Page 4




             Appeal No. 2003-1674                                                                     4               
             Application No. 09/651,161                                                                               

             The examiner thereafter relies upon Sze purportedly to teach heating of ammonium                         
             terephthalate to form TPA and ammonia and provide the requisite motivation to substitute                 
             that step for the one present in Lamparter.  Based upon these considerations, it is the                  
             examiner’s position that, “Sze’s teaching is directed toward the recovery of TPA from its                
             diammonium salt and thus provides the motivation for the instant use of steam to release                 
             TPA from its diammonium salt.”  See Answer, pages 5-6.  We disagree.                                     
             Sze is directed to a single step process for the production of an acid such as TPA by                    
             hydrolysis of its corresponding nitrile.  See column 1, lines 49-53.  Although the examiner              
             points to numerous teachings in Sze as providing basis for the recovery of TPA from its                  
             diammonium salt, we conclude that none of the citations are directed to the recovery of                  
             TPA from its diammonium salt.  In this respect, column 4, lines 31-36 of Sze, cited by the               
             examiner Answer, page 4, makes no mention of an ammonium salt of terephthalic acid.                      
             Furthermore, the exemplification of conversion of terephthalonitrile, (TPN) to TPA at                    
             column 3, line 51 to column 4, liner 12, Example 1, cited by the examiner, Answer, page                  
             8, converts TPN to TPA, likewise fails to suggest or teach the hydrolysis of ammonium                    
             terephthalate to TPA.  Although ammonium terephthalate is present throughout the                         
             reaction, it remains completely unchanged in the amount present from the onset of the                    
             reaction to its completion.  Stated otherwise 20.3 parts of ammonium terephthalate are                   
             present at the onset of the reaction and the same amount is recovered at the completion of               
             the reaction.                                                                                            






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