Appeal No. 96-3824
Application No. 08/311,635
Nakamura because it is the next adjacent homologue of
Nakamura's hydroxylamine or it would have been obvious to use
Wingender's diethylhydroxylamine antioxidant as an antioxidant
in Nakamura's composition for the purpose and advantages
disclosed by Wingender.
In the first instance, Nakamura does not disclose
hydroxylamine, per se, but hydroxylamine sulfate or
hydrochloride, both salts of hydroxylamine. We also agree
with appellant that the examiner has failed to factually
establish a close enough structural similarity between
appellant's hydroxylamines of formula (I) and the compounds of
Nakamura to trigger the presumption that the routineer would
have been motivated to make appellants' compounds based on
Nakamura's disclosure. We agree with appellant that
hydroxylamine, which contains two primary acidic hydrogen
atoms in the molecule, is not an adjacent homologue of
dimethylhydroxylamine or its salt.
While Wingender is admittedly directed to aqueous redox
amplifier solutions which may include diethylhydroxylamine,
hydrogen peroxide and a buffer, the pH's for the various
compositions disclosed therein are 7.0 (column 14, lines 32
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