Appeal No. 1998-0548
Application No. 08/498,845
liquid, aqueous phase. This appealed subject matter is adequately illustrated by
independent claim 1 which reads as follows:
1. A process for the continuous preparation of cyclohexene by partial
hydrogenation of benzene with hydrogen in the presence of water and a
ruthenium catalyst at elevated temperatures and superatmospheric
pressure, wherein benzene is introduced in gaseous form and the resulting
cyclohexene is discharged in gaseous form, the catalyst being present in
solution or suspension in a liquid, aqueous phase.
The references relied upon by the examiner as evidence of obviousness are:
Mitsui et al. (Mitsui) 4,678,861 Jul. 07, 1987
Don et al. (Don) EP 0 055 495 Jun. 20, 1984
All of the appealed claims stand rejected under 35 U.S.C. § 103 as being
unpatentable over Mitsui in view of Don or Don in view of Mitsui.1
We refer to the brief and reply brief and to the answer and supplemental answer for
a complete exposition of the opposing viewpoints expressed by the appellants and by the
examiner concerning the above noted rejection.
OPINION
This rejection will be sustained.
We share the examiner's conclusion that the reference evidence applied in the
rejection establishes a prima facie case of obviousness within the meaning of 35 U.S.C. §
1The claims on appeal have been grouped together; see the second page of the brief and page 3 of
the answer. Accordingly, we will focus upon claim 1, the sole independent claim on appeal, in assessing
the propriety of the rejection before us.
2
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