Appeal No. 2001-0597
Application 08/564,513
in view of the teachings of Baker I and II. Examiner’s Answer,
page 5. The examiner relies on Baker I and II for a teaching of
catalyst compositions comprising a zero valent nickel and an
unsubstituted bidentate phosphite ligand. Id. The Baker I and
II catalyst precursor compositions are structurally similar to
those of Billig. Id., page 8. The examiner further notes that
Baker II teaches that chelating aryl diphosphite complexes are
useful in both hydrocyanation and hydroformylation processes.
Id.
Appellants maintain that
there is no suggestion (i.e., no incentive or
motivation) in any of the[] references that
the generically disclosed unsubstituted
symmetrical bidentate phosphite ligands of
the primary reference[] . . . should or could
be modified or specifically used with zero
valent nickel to result in the Appellants’
specifically claimed catalyst precursor
compositions.
Appeal Brief, page 4. With respect to Billig, appellants note
that the reference is directed to hydroformylation, not
hydrocyanation, processes. Id., page 6. With respect to Baker I
and II, appellants urge that the ligand species disclosed therein
have a formula which is not encompassed by the claimed ligands.
Id. Appellants point out that Baker I and II teach the
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