Appeal No. 1998-0472
Application No. 08/493,571
from 1:5 to 1:0.1. (Answer, page 5).
The examiner relies upon Nelson for teaching the use of
a mixture of acid catalysts in an alkylation process,
including Lewis acids (boric acid is a Lewis acid). (Answer,
pages 6 and 8).
Appellant argues that a mixture of oxalic acid and
boric acid is not specifically disclosed in Nelson. (Brief,
page 6, Reply Brief, page 2). Upon our review of Nelson, we
find that Nelson discloses "[s]uitable acid catalysts which
can be employed herein include, for example, Lewis Acids,
alkyl, aryl and aralkyl sulfonic acids and disulfonic acids
or diphenyloxide and alkylated diphenyloxide, sulfuric acid,
mixtures thereof and the like" (col. 3, lines 31-35).
Hence, we agree with appellant that a mixture of oxalic acid
and boric acid is not specifically disclosed in Nelson.
Nelson simply suggests that a mixture of suitable acid
catalysts can be used.
The examiner then relies upon Hoggins for teaching the
alkylation of phenol with styrene "using the same or
different acid catalyst as used for the reaction of phenol
with formaldehyde". Such an acid catalyst can be oxalic
acid. (Answer, page 6). Appellant rightly argues that
Hoggins does not teach use of a mixture of oxalic acid and
boric acid.
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