Ex parte HERMELING - Page 2




                     Appeal No. 95-2715                                                                                                                                                
                     Application 08/117,378                                                                                                                                            


                     the claims in the application.                                                                                                                                    




                                Appellant claims a method for the preparation of a certain epoxide ether having                                                                        
                     formula I, as defined in claim 1 and page 2, line 1 et. seq., of the specification by (a)                                                                         
                     electrochemical oxidation of an allyl alcohol (Formula II)  and an auxiliary electrolyte, or (b)                                                                  
                     by the reaction of an allyl alcohol with halogen at a pH of from 7.5 to 14, in both cases in                                                                      
                     the presence of a certain hydroxy-containing compound (Formula III).                                                                                              
                               Claim 1, the sole independent claim,  is illustrative of the invention and is appended                                                                 
                                              2                                                                                                                                        
                     to this decision.   At the outset, we note that appellant states that claim 3 does not stand or                                                                   
                     fall together with the remaining claims (Brief, page 2).  Since in our view the examiner has                                                                      
                     not established a prima facie case of obviousness with respect to claim 1, we find it                                                                             
                     unnecessary to address claim 3 in our decision.                                                                                                                   
                                                                           THE REFERENCES                                                                                              
                     Young                                                            3,394,059                                  Jul.  23, 1968                                        
                     Le Duc                                                           3,427,235                                  Feb.  11, 1969                                        
                     Lecloux et al. (Lecloux)                                         5,086,189                                  Feb.   4, 1992                                        
                                                                             THE REJECTION                                                                                             


                                2 Claim 1 is correctly reproduced in this decision.  On page 8, line 5 of appellant’s                                                                  
                     claim 1 attached to their brief, refers to “an alkanol”; such expression was amended                                                                              
                     (November 30, 1992 and May 6, 1993).                                                                                                                              
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