Ex parte BAHRMANN et al. - Page 6




                Appeal No. 95-3931                                                                                                              
                Application 08/163,086                                                                                                          

                straight or branched alkyl groups to form an aldehyde which is then hydrogenated to the corresponding                           

                alcohol.   The reaction occurs in a liquid phase at 20E to 150EC under a pressure of 0.1 to 20 MPa (i.e.,                       

                1 to 200 bar).                                                                                                                  

                         On page 5 of the brief, appellants state that they “agree with the Examiner’s statement that both                      

                Rottig and Mertzweiller teach the preparation of an olefin by the Fischer-Tropsch synthesis followed by                         

                oxonation of the olefin with synthesis gas to the aldehyde, which is then hydrogenated to the alcohol.”  They                   

                argue, however, that their invention                                                                                            

                         lies in the selection of a specific starting material (Fischer-Tropsch olefin), and its                                
                         processing by one of several known oxo processes, to form a specified product.  Neither                                
                         Rottig nor Mertzweiller specifically teaches the use of C  Fisher-Tropsch [sic, Fischer-                               
                                                                                     9                                                          
                         Tropsch] olefins as a reactant for the synthesis of a high quality plasticizer.  Further, neither                      
                         Rottig nor Mertzweiller recommend that the oxonation be carried out in a two-phase                                     
                         reaction, using rhodium/phosphine catalysts dissolved in water.  Instead, both exclusively                             
                         use a cobalt-based process.                                                                                            

                The examiner relies on Bahrmann to “show that the hydroformylation of olefins to aldehydes takes place                          

                in the liquid phase in the presence of water and rhodium or a rhodium compound and a water soluble                              

                phosphine containing a sulfonated aromatic radical and a cation such as dodecyl-dimethyl ammonium salt                          

                at 20-150EC and 1-200 bar” (answer: p. 4).  Appellant does not dispute this finding, but contends that                          

                “Bahrmann is not specifically directed to the formation of C  alcohols from C  Fischer-Tropsch olefins,10                9                                            

                nor would the improved results, when such alcohols are used in the formation of plasticizers, be taught or                      

                suggested” (brief: p. 5).                                                                                                       



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