Ex Parte KISSINGER - Page 3





                        5.    Shafer is prior art vis-a-vis applicant under                              

            35 U.S.C. § 102(b).                                                                          


                                                Shafer                                                   

                        6.    Shafer describes a process very similar to that of                         

            applicant's claim 1.                                                                         

                        7.    With reference to the language of applicant's                              

            claim 1, Shafer describes the following:                                                     

                        A process for purification of diaryl carbonates 3, which                         
                  comprises:                                                                             
                        [1a] providing [a] a crude solution of diaryl carbonate                          
                  in admixture with contaminant by-products 4 of a diaryl                                
                  carbonate preparation and [b] sufficient phenol so as to be                            
                  able to form a crystalline 1:1 molar diphenyl carbonate to                             
                  phenol adduct;5                                                                        
                        [2] cooling the solution to a temperature of about                               
                  1-2°C below the nucleation temperature 6 of the diaryl                                 
                  carbonate at a controlled rate, 7 between about 0.01 to 1.0°C                          


            3   Col. 1, lines 12-14:  "The present invention relates to a method for                     
            recovering diphenylcarbonate in substantially pure form from a solution of                   
            diphenylcarbonate and phenol."  Thus, both applicant and Shafer have as an                   
            ultimate objective recovery of essentially pure diphenyl carbonate.                          
            4   Col. 2, line 1.  The diphenyl carbonate would contain contaminants from                  
            its preparation (col. 2, lines 61-63).                                                       
            5   Col. 1, line 66 to col. 2, line 4.                                                       
            6   According to Example 1 in the specification, the nucleation                              
            (crystallization) temperature of diphenyl carbonate is 53.8°C                                
            (specification, page 6, line 32).  Further according to Example 1, the                       
            crude diphenyl carbonate was cooled to 53°C, which is about "1-2°C" below                    
            the nucleation temperature of diphenyl carbonate.                                            
            According to Shafer, adduct crystals form at 51°C.  Shafer also                              
            describes cooling to a temperature of 50°C to 25°C, with 50°C being 1°C                      
            below the crystallization temperature of the adduct.                                         
            7   Shafer describes lowering the temperature in stages, for example a                       
            first stage at 44.5°C to obtain a certain level of crystallization, followed by              
            a second stage at 37°C  to provide additional level of crystallization (col. 2,              
            lines 36-53).                                                                                
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