Ex parte HERMELING - Page 4




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


                     oxidation of olefins and Lecloux is directed to a chemical oxidation of olefins in the                                                                            
                     presence of a catalyst where in each instance the epoxide forms across the ethylenic                                                                              
                     double bond.   The examiner's contention that epoxidation in Young does not occur across                                                                          
                     the ethylenic double link is without merit.  Young's examples support the appellant's                                                                             
                                                                                                                                             3                                         
                     position, where Young employs propylene as the reactant in his epoxidation  process to                                                                            
                     form propylene oxide (See Examples I-V).  Further, Le Duc’s general equation at column                                                                            
                     4,  lines 25-25, demonstrates the formation of the epoxide across the unsaturated olefin                                                                          
                     link.                                                                                                                                                             
                                The examiner's contention that the claimed process does not require the formation                                                                      
                     of an epoxide at the location different from the position of the olefin double bond is also                                                                       
                     without merit.   In the claimed process, an allyl alcohol (Formula II) in the presence of a                                                                       
                     hydroxy containing compound (Formula III) forms an ether at the 3-position carbon, that is,                                                                       
                     at the unsaturated olefin link and the hydroxy substituent of the allyl alcohol forms an                                                                          
                     epoxide at the 1,2 carbon. (See Formula I).  Thus the claim as drafted requires epoxide                                                                           
                     formation at a location different from the unsaturated olefin link.  As noted there are two                                                                       
                     reactions taking place, a substitution reaction involving the hydroxy-containing compound                                                                         
                     at the unsaturated olefin link which forms an ether and an epoxide reaction involving the                                                                         


                                3 Hackh's Chemical dictionary defines epoxidation as an oxidizing reaction in which                                                                    
                     an unsaturated olefin link is converted to a cyclic 3-membered ether. (See attached                                                                               
                     definition).                                                                                                                                                      
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