Appeal No: 2000-0635 Application No: 08/511,028 D) separating the reaction mixture from C) into an acid phase and an organic phase containing dinitrotoluene, and E) recovering the dinitrotoluene from the organic phase separated in D). All the claims were finally rejected under the judicially created doctrine of obviousness-type double patenting in view of the claims of U.S. patent 5,345,012 to Schieb et al. (Schieb) and under 35 USC § 103 in view of the disclosure of2 Schieb. The claims were also finally rejected under the judicially created doctrine of obviousness-type double patenting in view of the claims of copending application 08/510,992 ('992) ; however, the examiner withdrew the3 rejection based on the '992 claims in the examiner's answer (Paper 12 (Ex. Ans.) at 2-3). In maintaining the rejection of claims 1-10 over Schieb, the examiner states (Paper 12 at 4): Although the conflicting claims are not identical, they are not patentably distinct from each other because Schieb et al. teach (1) that the molar ratio of nitric acid to toluene is maintained at a level of at least 2:1, whereas the instant invention discloses of (sic) a molar ratio of at least 1.5:1 2 5,345,012 was filed 3 November 1993. 3 On 21 October 1997, 08/510,992 issued as Patent No. 5,679,873. -3-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007