Appeal No. 1999-0663
Application 08/624,047
Scott Appellants
Cu:Mg:K 1.0 : 0.1-1.0 : 0.1-1.0 1.0 : 0.5-1.0 : 0.025-0.25
These overlaps 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.
Claim 7: Scott’s more preferred alumina specific surface
area is 75-200 m2/g, which is within the range recited in the
appellants’ claim 7.
Claims 8-10: Scott discloses using the catalyst for
oxychlorination of ethylene to 1,2-dichloroethane by reaction
with hydrogen chloride in the presence of molecular oxygen or an
oxygen-containing gas mixture such as air, preferably in a
fluidized bed (page 3, lines 43-48).
Claim 12: Scott discloses a catalytic composition consisting
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 12,
10
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