Appeal No. 2004-0599
Application No. 09/843,554
According to appellants, the invention is directed to a
novel composition of mixed alkylphenols, where the ratio of
ortho- to meta- and para- isomers is no more than about 1.0, the
amount of 2,6-dialkyl phenol is from about 0.5% to 3%, and the
amount of trialkyl phenol is from about 4% to about 75% and the
alkyl group is isopropyl (Brief, page 2). Representative
independent claim 18 is reproduced below:
18. A composition comprising mixed alkylphenols wherein the
ratio of ortho- to meta- and para- isomers is no more than about
1.0, the amount of 2,6-dialkyl phenol is from about 0.5% to 3%,
by weight of the entire composition, and the amount of trialkyl
phenol is from about 4% to about 75%, by weight of the entire
composition, wherein the alkyl is isopropyl.
The examiner has relied upon Terhune et al. (Terhune), U.S.
Patent No. 3,936,410, issued Feb. 3, 1976, as the sole evidence
of obviousness (Answer, page 3, ¶(9)). Accordingly, claims 18-19
stand rejected under 35 U.S.C. § 103(a) as unpatentable over
Terhune (Answer, page 3, ¶(10)).2 We reverse the rejection on
appeal for reasons stated below.
OPINION
2We note that the final rejection of claim 18 under section
102(b) as anticipated by U.S. Patent No. 4,275,248 (Paper No. 12,
page 3) has been withdrawn by the examiner (see the Advisory
Action, Paper No. 14, and the Answer, page 2, ¶(6)). We also
note that this application is a divisional application of
application no. 09/241,911, Appeal No. 2003-0801, in which a
decision on appeal was mailed Jul. 30, 2003 (Paper No. 17).
2
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