Ex Parte Bottcher et al - Page 2

                Appeal 2007-0736                                                                                
                Application 10/480,239                                                                          


                                        STATEMENT OF THE CASE                                                   
                       The field of the invention is the preparation of cycloaliphatic                          
                compounds which have side chains containing epoxide groups.                                     
                (Specification (“Spec.”) 1 (Title).)  “Such compounds can . . . be prepared                     
                by hydrogenation of aromatic compounds . . . having side chains containing                      
                oxirane groups . . . .”  (Id.)  “However, the high reactivity of the oxirane                    
                groups is a problem in the catalytic hydrogenation.  Under reaction                             
                conditions usually required for hydrogenation of the aromatic ring, these                       
                groups are frequently reduced to alcohol.”  (Id.)  According to Appellants,                     
                the “activities [of their catalysts] are significantly above the activities                     
                achieved in the processes of the prior art at a comparable or improved                          
                selectivity.”  (Id. at 3.)   They attribute the “high activity” of their catalysts              
                to the “particularly good distribution of the ruthenium over the surface of the                 
                support material and to the virtual absence of halogen in the support                           
                materials.”  (Id.)                                                                              
                       The claimed subject matter is reflected in representative claim 1:2                      
                1.  A process for preparing cycloaliphatic compounds I which have side                          
                chains containing epoxide groups by heterogeneously catalyzed                                   
                hydrogenation of a compound II which comprises at least one carbocyclic                         
                aromatic group and at least one side chain containing at least one epoxide                      
                group over a ruthenium catalyst comprising elemental ruthenium on a                             
                support material which consists of at least 90% by weight of amorphous                          
                silicon dioxide, based upon the total weight of the support material, wherein                   
                the ruthenium catalyst is obtained by                                                           
                   i) treating a support material based on amorphous silicon dioxide,                           
                          wherein the support material consists of at least 90% by weight of                    
                                                                                                               
                2 Appellants do not separately argue the claims.  Thus, we address each issue                   
                with reference to claim 1.  See 37 C.F.R. § 41. 37(c)(1)(vii).                                  
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