Appeal No. 94-3474
Application 07/956,126
In addition to appellant’s statement of the level of
ordinary skill in the art, we considered the following references
of record in this application:
Kobayashi et al (Kobayashi) 3,230,268 Jan. 18, 1966
Davis et al. (Davis) 4,046,656 Sep. 6, 1977
Klauke et al. (Klauke) 4,439,620 Mar. 27, 1984
Döscher et al. (Döscher) 4,950,813 Aug. 21, 1990
Kobayashi discloses free radical chlorination of methyl-
aromatic compounds such as ortho- or para-toluenesulfonyl
chloride by reacting a methylaromatic compound with chlorine gas
under UV irradiation or in the presence of a “free-radical
generator-type catalyst” such as a peroxide or azo compound at a
temperature between 60 and 90EC. (col. 2, lines 8-49 and col. 2,
line 66 to col. 3, line 3). Each of the examples in the patent
describing the chlorination process explicitly recite that the
chlorination reaction occurs in the presence of either UV
radiation or a “free-radical generator-type catalyst” (see
Examples 1-9 of the patent). Moreover, in describing the prior
art, the Kobayashi discloses that
... it has been conventional to prepare, for example,
chloro-substituted trichloromethylbenzenes by reacting
toluenes substituted with chlorine atom at a desired
position with chlorine gas at a temperature of 80-
165EC. in the presence of a catalyst such as phosphorus
trichloride .... [col. 1, lines 40-45.]
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