Appeal No. 1996-2340
Application 08/108,854
aliphatic or cycloaliphatic alcohol in the presence of active carbon at a temperature range
from -10EC to +60EC. Hoffmann, p. 2. Hoffmann further discloses that the presence of
active carbon during the reaction results in the production of a chloroformate having a
higher degree of purity. Id., pp. 4-5.
In view of the teachings of the applied prior art as to the well known use of
phosgene and a primary alcohol to produce a chloroformate, the teachings of Fieser II, in
particular, as to the production of a chloroformate by reacting an aromatic alcohol and
phosgene, and the teachings of Hoffmann as to the production of a highly purified
chloroformate when the reaction is carried out in the presence of active carbon at a
temperature range of -10EC to +60EC, we agree with the examiner that it would have been
obvious to one of ordinary skill in the art to produce a highly purified chloroformate by
reacting an aromatic alcohol and phosgene in the presence of active carbon in the manner
described in representative claim 1. Accordingly, we affirm the rejection of Group I, claims
1 through 22.
In response, the appellants acknowledge that Fieser I, Fieser II and Grosse
disclose reactions which are similar to that which is described in representative claim 1,
however, they argue that the references fail to teach or suggest catalysis using active
carbon. Brief, p. 3. The appellants further argue that Hoffmann fails to teach the
production of chloroformates using an aromatic alcohol, or the use of active carbon as a
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