Appeal No. 1996-4087 Page 5
Application No. 08/259,362
reaction, water formed as a result of the reaction is removed from the reaction
mixture. See specification, page 2.
In contrast to the aforementioned requirement of the claimed subject matter,
Trambouze is directed to numerous, but dissimilar, chemical reactions. These reactions
generally include hydrogenation, dehydrogenation, oligomerization and polymerization.
See pages 1, 7 and 8. However, there is no specific teaching or suggestion of
equilibrium reactions, such as esterification, transesterification, transacetalization or
acetal forming reactions as required by the claimed subject matter. Nor do any of the
specific reactions contemplated by Trambouze result in an equilibrium which may be
driven forward by heating the reaction mixture to a desired temperature and removing a
volatile product formed as a result of the reaction. See Trambouze, Figure 2. Based
upon our findings, we conclude that Trambouze does not teach, nor would have
suggested, chemical reactions which include the removal of volatile reaction products
formed as a result of the reaction, wherein said reaction mixture has been heated to a
desired reaction temperature. Accordingly, the disclosure of Trambouze fails to
suggest the specific process step C of the claimed subject matter.
In the absence of the aforesaid volatile product removal step in Trambouze, the
examiner relies upon the teaching of Buettgen. We find that Buettgen specifically
teaches esterification reactions in which the water of reaction can be removed by
distillation as required by the claimed subject matter. See column 2, lines 48 - 59.
However, the process taught by Buettgen is directed to a dispersed catalyst system as
opposed to the fixed bed catalyst system of the claimed subject matter. See Column 3,
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