Ex Parte FRIEDRICH et al - Page 2




          Appeal No. 2000-2179                                                        
          Application No. 09/235,242                                                  


          appeal, we select claim 6 from all of the claims on appeal and              
          determine the propriety of the examiner’s rejection based on this           
          claim alone consistent with 37 CFR § 1.192(c)(7)(1999).  Claim              
          6 is reproduced below:                                                      
               6.  A process for preparing a (-alkoxyamine by                         
               a) reaction of an ",$-unsaturated nitrile with a                       
               monohydric, dihydric or trihydic alcohol in the                        
          presence of a basic catalyst at from -20 to 200oC                           
          to form a $-alkoxynitrile, and                                              
               b) subsequent hydrogenation of the $-alkoxynitrile in the              
               presence of a hydrogenation catalyst, without prior                    
               removal or neutralization of said basic catalyst,                      
               which consists essentially of using in the first step a                
          diazabicycloalkene catalyst of the formula I                                








               where from 1 to 4 hydrogen atoms on the diazabicycloalkene             
               nucleus may be independently replaced by the radicals R1 to            
                R4, in which case R1, R2, R3 and R4 are each C1-20-alkyl,             
               C6-20-aryl or C7-20-arylalkyl, and                                     
               n and m are each an integer from 1 to 6, and effecting the             
               hydrogenation in the second step at from 50 to 250oC in the            
               presence of a hydrogenation catalyst and of the catalyst of            
               the formula I.                                                         


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