Appeal No. 1998-2801
Application No. 08/789,160
solvent is believed to be the rate controlling step for the
process"
(column 3, lines 26-30). Hence, Peterson provides no teaching
or suggestion that the reaction with potassium tert-butoxide
can be carried out in the absence of a solvent, as specified
in the appealed claims.
Accordingly, we concur with appellants that the
collective teachings of Streck and Peterson to one of ordinary
skill in the art would have been that a solvent is necessary
if the alcoholate reactant has 1 to 5 carbon atoms, whereas a
solvent is not necessary if the alcoholate has at least 6
carbon atoms. In our view, the cited references provide no
teaching or suggestion of reacting potassium tert-butoxide
with polychlorinated aromatic compounds in the absence of a
solvent.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
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