Ex Parte FRIEDRICH et al - Page 6




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


          teaches reacting an alcohol with acrylonitrile in the presence of           
          a cyanoethylation alkaline catalyst, i.e., potassium hydroxide,             
          and then hydrogenating the resulting product, without any prior             
          removal or neutralization of the cyanoethylation catalyst, to               
          obtain a product yield of 58.2% or 68.2%.  See Examples 1 and 10.           
          We find that O’Lenick also teaches reacting an alcohol with                 
          acrylonitrile in the presence of a cyanoethylation catalyst,                
          i.e., potassium hydroxide, and a specific free radical inhibitor            
          and then hydrogenating the resulting product, without any removal           
          or neutralization of the cyanoethylation catalyst, to obtain a              
          product yield of 98.6%.  See Examples 2 and 11.  The use of a               
          free radical inhibitor allows the resulting product to have                 
               fewer undesirable by products [sic, by-products] giving                
               lighter color, higher amine values, higher primary                     
               amine content, lower hydroxyl values which are                         
               indications of the greater reaction efficiencies.  The                 
               process is shorter in duration and substantial                         
               reduction in catalyst poisoning in the hydrogenation                   
               step.  This process with its inherent lower                            
               polyacrylonitrile content allows for the elimination of                
               a washing step practiced in the older processes, prior                 
               to hydrogenation.  [See O’Lenick, col. 1, lines 13-21.]                
                                                                                     
          Thus, we concur with the examiner that it would have been obvious           
          to directly hydrogenate $-alkoxypropionitriles resulting from               
          the cyanoethylation reaction without prior removal or                       
          neutralization of a cyanoethylation alkaline catalyst, such as              

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