Ex Parte Hammon et al - Page 4




                 Appeal No. 2003-0849                                                                                                               
                 Application 09/622,916                                                                                                             
                   acrylic or methacrylic acid from a liquid.  The claimed subject matter requires the                                              
                   rectificative isolation to be carried out with the addition of a surfactant.                                                     
                           According to the Examiner, Herbst teaches a process for the rectificative                                                
                   isolation of acrylic or methacrylic acid from an organic liquid.  The Examiner                                                   
                   acknowledges that Herbst does not disclose the use of a surfactant in the                                                        
                   rectificative process.  The Examiner asserts that Egly discloses the use of a                                                    
                   polymerization inhibitor, phenothiazine, and Frank discloses the use of surfactants                                              
                   in the recovery and purification of methacrylic acid.  Specifically the Examiner                                                 
                   states:                                                                                                                          
                           Herbst et al teaches a process for the separation, by rectification, of                                                  
                           (meth)acrylic acid from a mixture containing (meth)acrylic acid and an                                                   
                           inert hydrophobic organic liquid with a higher boiling point than                                                        
                           (meth)acrylic acid in the presence of a primary amine (see claim 1 on                                                    
                           page 20 of the English translation of Herbst et al).  Herbst et al does                                                  
                           not teach the use of surfactant to reduce the formation of polymers                                                      
                           during the rectification process.  Although Egly et al teaches the use of                                                
                           phenothiazine (i.e., an amine) as the polymerization inhibitor (Col.                                                     
                           4:56-59) it is Frank et al who teaches that in the recovery and                                                          
                           purification of methacrylic acid the problem of plugging is avoided by                                                   
                           the use of surfactants (see Frank’s abstract).  Frank et al further                                                      
                           teaches that the surfactant prevents methacrylic acid from adhering to                                                   
                           the pipe walls and forming polymerization sites (Col. 2:37-40).                                                          
                           Therefore, the instantly claimed process would have been obvious to                                                      
                           one of ordinary skill in the art at the time the invention was made.  In                                                 
                           order to prevent formation of polymer of (meth)acrylic acid on the                                                       
                           wall of the apparatus used in the process for isolation of (meth)arylic                                                  
                           acid (i.e., the process of Herbst et al), the addition of a surfactant, as                                               
                           taught by Frank et al, provides the requisite motivation.                                                                
                           Answer, pages 5-6.                                                                                                       

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