Appeal No. 1999-0663
Application 08/624,047
essentially of copper chloride, magnesium chloride and potassium
chloride on a support, the preferred support being particulate
alumina (abstract; page 3, line 25). Like the appellants’
catalyst (specification, page 2, lines 31-32), Scott’s catalyst
is useful for oxychlorination of ethylene to 1,2-dichloroethane
(abstract). A comparison of Scott’s preferred amounts of copper,
magnesium and potassium, per kilo of catalytic composition
(page 2, lines 47-49), versus those in the appellants’ claim 1,
is as follows:
Scott Appellants
Cu 30-90 30-90
Mg 2-30 10-30
K 2-30 0.1-10
A comparison of Scott’s preferred Cu:Mg:K atomic ratio (page 2,
lines 50-51) versus that in the appellants’ claim 1 is as
follows:
Scott Appellants
Cu:Mg:K 1.0 : 0.1-1.0 : 0.1-1.0 1.0 : 0.75-0.8 : 0.035-0.23
The overlap between the catalysts of the appellants and Scott as
to each metal and atomic ratio would have rendered the
appellants’ claimed catalyst prima facie obvious to one of
ordinary skill in the art over Scott. See Malagari, 499 F.2d at
1303, 182 USPQ at 553.
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