Ex Parte Mothrath et al - Page 1




                                                The opinion in support of the decision being                                                        
                                                entered today was not written for publication                                                       
                                                 and is not binding precedent of the Board.                                                         
                                                               _______________                                                                      

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                     
                                                                  __________                                                                        

                                                 BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                               AND INTERFERENCES                                                                    
                                                                  __________                                                                        

                                                Ex parte Melanie Mothrath, Lothar Bunzel,                                                           
                                                   Silke Kratschmer and Johann Rechner                                                              
                                                                  __________                                                                        
                                                            Appeal No. 2006-1273                                                                    
                                                            Application 10/420,400                                                                  
                                                                  __________                                                                        
                                                                   ON BRIEF                                                                         
                                                                  __________                                                                        
                     Before GARRIS, FRANKLIN and LINCK, Administrative Patent Judges.                                                               
                     LINCK, Administrative Patent Judge.                                                                                            

                                                          DECISION ON APPEAL                                                                        
                              This is a decision on appeal from the rejection of claims 1-5, all of the pending                                     
                     claims in Application No. 10/420,400 (hereafter the “ ‘400 Application”) (assigned to                                          
                     Bayer AG).  All of the pending claims stand rejected under 35 U.S.C. § 103(a), based on                                        
                     a single reference, König et al. (WO 99/00395) (English equivalent, U.S. Patent No.                                            
                     6,476,273), published Jan.7, 1999 (also assigned to Bayer AG) (hereafter “König et al.).                                       
                              The subject matter on appeal relates to a process for the production of liquid                                        
                     phosphonium phenolates.  These phenolates are disclosed as useful for catalyzing the                                           
                     transesterification process for making polycarbonates.                                                                         





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