Ex Parte KAUFHOLD et al - Page 3




              Appeal No. 2001-2028                                                                           3                
              Application No. 09/141,163                                                                                      

                                             THE REFERENCES OF RECORD                                                         
              As evidence of obviousness, the examiner relies upon the following references:                                  
              Liang et al. (Liang)                                 5,504,245                              Apr. 2, 1996        
              Kirk-Othmer, “Esterification,”Encyclopedia of Chemical Technology, Vol. 9, pp. 291-08                           
              (3rd Ed., New York, John Wiley & Sons, 1980).                                                                   

                                                     THE REJECTION                                                            
                      Claims 1through 5 and 7 through 17 stand rejected under 35 U.S.C. §103(a) as                            
              being unpatentable over Liang in view of Kirk-Othmer.                                                           


                                                        OPINION                                                               

              We have carefully considered all of the arguments advanced by the appellants and                                
              the examiner and agree with the examiner that the rejection of the claims under Section                         
              103(a) is well founded.  Accordingly, we affirm the rejection.                                                  
              As an initial matter, it is appellants’ position that claim 1 does not stand or fall                            
              together with the other claims and separate consideration must be given to Groups A and B                       
              directed to claims 4, 5, 9, 14 and 16 and claims 2 and 3 respectively.  Accordingly, we                         
              select claims 1, 2, and 4 as representative of each group of claims before us and limit our                     
              consideration thereto.  See 37 CFR § 1.192 (c)(7)(1999).                                                        










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