Appeal No. 2002-0984
Application 09/246,179
of a product (cobalt carbonyl complex) was measured based on the
disappearance of the reactant (dicobaltoctacarbonyl). Ullmann's
generically recognizes that the modification of nitrile rubber
(degree of hydrogenation) may be determined by infrared
spectroscopy.
Recognizing that none of the Doyle references or the Berard
reference teaches or suggests using IR-ATR spectroscopy for
monitoring the "production" or "modification" of polymeric
products, the examiner relies on Ullmann's generic disclosure of
using infrared spectroscopy for monitoring the modification of
"polymeric products" as evidence that the claimed process would
have been obvious. Nevertheless, no reference on which the
examiner has relied discloses the formula required by step e) of
claim 6 and no reference discloses both the viscosity and
velocity conditions around the probe required by step c) of claim
6. The examiner proclaims that the parameters defining one or
both of these conditions in the vicinity of the probe "appear to
be within that expected for a typical stirred reaction mixture,
or lacking a showing to the contrary, not unobvious thereover."
As for the calculations in step d) of claim 6, the examiner
pronounces under the rubric of "the Examiner's Notice" that
determining which spectral values to measure and calculating the
degree of the reaction from those values are "well within the
capabilities of one of ordinary skill in the art."
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