Ex parte KLINGLER et al. - Page 2




          Appeal No: 2000-0635                                                         
          Application No: 08/511,028                                                   
          argued, they stand or fall together."  In re Beattie, 974 F.2d               
          1309, 1311, 24 USPQ2d 1040, 1041 (Fed. Cir. 1992).                           
               Claim 1 is illustrative of the claimed invention and                    
          reads as follows:                                                            
                    1.        A continuous, single-stage process for                   
               the production of a dinitrotoluene isomer mixture                       
               comprising                                                              
                    A)   reacting                                                      
                         1) toluene                                                    
                         with                                                          
                         2)   a nitrating acid composed of                             
                              (a) from about 80 to about 100% by                       
                                   weight of inorganic constituents                    
                                   which include                                       
                                   (i)  from about 60 to about 90%                     
               by                       weight of sulfuric acid,                       
                                   (ii)       from about 1 to about                    
               20% by                         weight of nitric acid,                   
                                   and                                                 
                                   (iii) at least 5% by weight of                      
                                        water,                                         
                              and                                                      
                              (b) from 0 to about 20% by weight of                     
                                   organic constituents which                          
               include                                                                 
                                   (i)  at least 70% by weight                         
                                        dinitrotoluene isomers and                     
                                   (ii)       from 0 to about 30% by                   
               weight                                                                  
                                        by-products                                    
                         under adiabatic conditions in amounts such                    
                         that the molar ratio of nitric acid to                        
                              toluene is at least 1.5:1 and such                       
               that some           mononitrotoluene will remain in                     
               the reaction        mixture,                                            
                         B)   removing at least 5% by weight of                        
               water               from the reaction mixture of A),                    
                         C)   removing the reaction mixture of B) at                   
               a              temperature of at least 120E C,                          
                                         -2-                                           





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