Appeal No. 1997-3337
Application No. 08/189,899
presence of a catalyst and heating the solution. (Examiner’s
answer, page 4, lines 16-17).
The Examiner applies Muller ‘027 and ‘881 for the
teaching the heating of an aqueous slurry containing sugar in
the presence of an acid catalyst. (Examiner’s answer,
sentence bridging pages 4 and 5). The Examiner finds that
Waniczek discloses ketones and alcohols are conventional
solubilizers for nitrated sugar ether reaction products.
(Examiner’s answer, page 5, lines 5-8). From these findings
the Examiner concludes:
Having the prior art before him it would have
been obvious to the artisan in the art with the
Muller references teachings to have prepared the
sugar of Stiff as an aqueous sugar solution prior to
reacting with the oxirane because the sugar
solutions are conventional forms of the sugar for a
further reaction process. Also, it is conventional
known in the chemical art to prepare reaction
compounds with conventional solvents, water, or
Waniczek's alcohol or ketone for ease of reactions
and to remove heat during reactions. The heating
temperatures and pressures claimed by appellant fall
within room temperatures and are rendered prima
facie obvious with Stiff elevated temperatures,
pressures above atmospheric, and the mild reaction
conditions set forth at the top of page 3 of its
specification. (Examiner’s answer, page 5, lines
10-22).
The Examiner has not presented convincing evidence or
reasoning, nor pointed to evidence in the cited references
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