Appeal No. 2001-2272 Page 3
Application No. 08/809,719
and Cupric Ion Mediated by Nitrosonium Ion," J. Am. Chem. Soc., Vol. 106, pp. 3374-
3376 (1984)
Anelli et al. (Anelli), "Fast and Selective Oxidation of Primary Alcohols to Aldehydes or
to Carboxylic Acids and of Secondary Alcohols to Ketones Mediated by Oxoammonium
Salts Under Two-Phase Conditions," J. Org. Chem., Vol. 52, pp. 2559-2562 (June 12,
1987
The Rejections
All of the appealed claims stand rejected (1) under 35 U.S.C. § 112, second
paragraph, as indefinite; and (2) under 35 U.S.C. § 103(a) as unpatentable over the
combined disclosures of Mitsubishi, Anelli, and Semmelhack.
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including all of the claims on appeal;
(2) applicants' Appeal Brief (Paper No. 13) and the Reply Brief (Paper No. 15);
(3) the Examiner's Answer (Paper No. 14); (4) the above-cited prior art references;
and (5) the Hewitt declaration, filed under the provisions of 37 CFR § 1.132, executed
July 8, 1998.
On consideration of the record, including the above-listed materials, we reverse
the examiner's rejections under 35 U.S.C. § 112, second paragraph, and 35 U.S.C.
§ 103(a).
Discussion
Independent claim 18 recites "a temperature range of about - 10° to about 15°."
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