Ex Parte Eckert et al - Page 2




               Appeal No. 2006-0767                                                                                               
               Application No. 09/962,258                                                                                         


               compounds by the cross-coupling reaction of a substituted aryl halide compound with a                              
               Grignard reagent in the presence of a nickel catalyst, where only a part of the                                    
               substituted aryl halide compound is initially charged together with the nickel catalyst and                        
               an optional solvent and the remainder of the substituted aryl halide compound is added                             
               during introduction of the Grignard reagent (Brief, page 2).  Illustrative independent                             
               claim 1 is reproduced below:                                                                                       
                      1. A process for preparing aryl compounds comprising cross-coupling reaction of                             
               a substituted aryl halide compound with a Grignard reagent in the presence of a nickel                             
               catalyst,                                                                                                          
                      wherein the nickel catalyst is prepared by loading a support material with an                               
               aqueous solution of a nickel compound and reducing the nickel compound using a                                     
               reducing agent;                                                                                                    
                      and wherein only part of the substituted aryl halide compound is initially charged                          
               together with the nickel catalyst and an optional solvent and the remainder of the                                 
               substituted aryl halide compound is added during introduction of the Grignard reagent.                             

                      The examiner has relied upon Lipshutz et al. (Lipshutz), “Kumada couplings                                  
               catalyzed by nickel on charcoal (Ni/C),” Inorganica Chimica Acta, Vol. 296, issue 1, pp.                           
               164-169 (Dec. 15, 1999), as the sole evidence of obviousness (Answer, page 2).                                     


               Claims 1-3 and 19-22 stand rejected under 35 U.S.C. § 103(a) as unpatentable over                                  
               Lipshutz (Answer, page 3).                                                                                         
                      Based on the totality of the record, we affirm the examiner’s rejection on appeal                           
               essentially for the reasons stated in the Answer, as well as those reasons set forth                               
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