Appeal No. 2001-0754
Application 09/040,276
that hydrogen peroxide is a weak oxidizing agent (answer, page
6). The examiner’s argument is not persuasive because the
examiner has not established that, regardless of whether
hydrogen peroxide is a strong or weak oxidizing agent, one of
ordinary skill in the art reasonably would have expected it to
react with the -NH- secondary amine group of 1,2,3,6-
tetrahydro-2,2,6,6-tetramethylpyridine rather than reacting at
the double bond.
Wiezer, which is relied upon by the appellant, discloses
reacting polyalkyl piperideines having a 3,4-double bond with
organic peracid to produce the corresponding polyalkyl-
piperidine 3,4-diols (col. 2, lines 17-59). Wiezer teaches
that a side reaction in which N-oxides are formed according to
the known oxidation of amines to N-oxides could not be
excluded (col. 3, lines 43-53).
The examiner argues that the process recited in the
appellant’s claim 1 does not involve an organic peroxide
(answer, page 8). Wiezer, however, is evidence that a
peroxide can react preferentially at a 3,4-double bond of a
piperidiene ring, and the examiner has not provided any
evidence that one of ordinary skill in the art would have
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