Appeal No. 95-2835 Application 08/127,659 The appealed claims as represented by claim 12 are drawn to improved processes for the catalytic hydrogenation of a meta-toluenediamine or mixtures of meta- toluenediamine wherein the improvement comprises the use of at least a catalyst comprising at least rhodium carried on a support and of a secondary C3-C10 alcohol. According to appellant, the use of the supported rhodium hydrogenation catalyst and a secondary C3-C10 alcohol per se enhances the reaction rate and yield at moderate pressures and extends catalyst life and activity without the necessity to remove o- toluenediamine impurities from the meta-toluenediamine feed (specification, e.g., page 3, lines 5-11). The references relied on by the examiner are: Cross 3,445,516 May 20, 1969 Chung et al. (Chung) 3,856,862 Dec. 24, 1974 Massie 3,914,307 Oct. 21, 1975 Whitman 5,214,212 May 25, 1993 The examiner has rejected appealed claims 1 through 10 under 35 U.S.C. § 103 as being unpatentable over Whitman, and as being unpatentable over Whitman in view of Chung, Massie and Cross. We affirm. Rather than reiterate the respective positions advanced by the examiner and appellant, we refer to the examiner’s answer and to appellant’s brief for a complete exposition thereof. Opinion We have carefully reviewed the record on this appeal and based thereon find ourselves in agreement with the examiner that the claimed improved process encompassed by appealed claims 1 and 7 through 9 would have been obvious over the teachings of Whitman and over the combined teachings of Whitman, Chung, Massie and Cross to one of ordinary skill in this art at the time the claimed invention was made. 2 Appellant states in his brief (page 2) that “[c]laims 1-6 are to be considered as one group and [c]laims 7-10 as a second group.” Appellant has separately argued appealed claims 1 and 7 through 9 in his brief. Thus, we decide this appeal based on appealed claims 1 and 7 through 9. 37 CFR § 1.192(c)(5) and (6)(1993). - 2 -Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007