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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