Ex parte GROSSI et al. - Page 8

          Appeal No. 1997-1992                                       Page 8           
          Application No. 08/115,388                                                  

          dinitrosophenylenediamine compounds such as N,N-dinitroso-N-                
          cyclohexyl-N'-phenyl-p-phenylenediamine (page 4) which may be               
          used to inhibit polymerization of acrylic acid derivatives, an              
          alkyl substituted N,N'-dinitrosophenylenediamine compound                   
          within the scope of the formula of component (a) of claim 10                
          is not described by Watanabe.  We find that the examiner has                
          not adequately explained, on this record, why a skilled                     
          artisan would have been led to use an N,N’-dialkyl-N,N'-                    
          dinitrosophenylenediamine compound as part of a composition                 
          within the scope of the claimed distillation process for                    
          polymerization suppression.  We cannot subscribe to the                     
          examiner's position that Tung in combination with Otsuki and                
          Watanabe would have suggested the claimed distillation method.              
          In this regard, Tung discloses that various compounds                       
          including some N,N'-dinitrosophenylenediamine compounds within              
          the scope of the appealed claim formula for component (a) are               
          useful in rubber compounding such as "... for controlling the               
          vulcanization of sulfur vulcanizable rubbers..." (column 4,                 
          lines 22-24).  In our view, Tung would not have suggested to                
          one of ordinary skill in this art that N-alkyl-N-nitroso                    
          compounds can be used as polymerization inhibitors.                         

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