Appeal No. 2007-3827
Application 08/713,905
phosgenation of the specifically disclosed ether diamines by known methods
will form desirable yields of the corresponding diisocyanates with little if
any cleavage (Lehman, e.g., col. 1, lines 15-71, and col. 2, 1-33). The
specifically disclosed ether diamines falling within the structural formula
taught by Lehmann include ether containing aliphatic, cycloaliphatic and
aromatic diamines (id. col. 1, ll. 37-63, and col. 2,
ll. 1-12).
Lehmann teaches a number of phosgenation processes, specifying
only that the phosgenation process is conducted “at a temperature up to
about 200°C”, and exemplifies carrying out the process in an inert solvent
(Lehmann, e.g., col. 2, ll. 16-33, Examples 1-5 and claims 3 and 4).
Lehmann teaches the phosgenation can be carried out in a continuous
manner, with best results obtained with inert solvents including toluene,
xylene, chlorobenzene, and o-dichlorobenzene (id. col. 2, ll. 20-24). While
Lehmann does not specifically so state, we find one of ordinary skill in this
art would have recognized from the reference that the processes of the
reference are conducted under at least atmospheric pressure, not in a
vacuum.3 Lehmann further discloses “[t]he isocyanates prepared according
to the invention are obtained in such a pure form that a separate purification
step such as by recrystallization or distillation is not required,” and that “[a]
3 It is well settled that a reference stands for all of the specific teachings
thereof as well as the inferences one of ordinary skill in this art would have
reasonably been expected to draw therefrom, see In re Fritch, 972 F.2d
1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir. 1992); In re Preda,
401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968), presuming skill on
the part of this person. In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774
(Fed. Cir. 1985).
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