Appeal No. 2001-0405
Application No. 09/169,087
Klingler due to the presence of mononitrotoluene (MNT) solvent
which is maintained in Klingler’s reaction mixture. We agree.
During the concentrating step, the MNT in Klingler’s reaction
mixture becomes vaporized along with water and a small amount of
dinitrotoluene product so as to ensure that the vapor condensate
is in fluid form, thereby avoiding the fouling problem caused
when dinitrotoluene deposits out in solid form (i.e., when
solvent is not present in the vapors to-be-condensed). Clearly,
during Klingler’s concentrating step wherein MNT solvent is
vaporized along with water and dinitrotoluene, the solvent is
“added” (i.e., by virtue of being vaporized) to the vapor
generated during the concentrating step. In this way, Klingler’s
concentrating step necessarily and inherently effects the here
claimed step of “adding solvent to vapor generated during [the
concentrating] step b) to keep any dinitrotoluene present
liquid.”
In support of their contrary view, the appellants argue that
Klingler’s process must not inherently practice the solvent
adding step of the here claimed process because the former
process can not achieve the high product yields that are
obtainable via the latter process. Even accepting that
Klingler’s process is not capable of achieving the yields
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