Appeal No. 2005-0138
Application No. 09/618,044
weight is subjected to a liquid-phase hydrogenation in at least two
process stages (Brief, page 2).1 Representative independent claim
1 is reproduced below:
1. A process for the hydrogenation of acetone, which
comprises:
conducting the liquid-phase hydrogenation of acetone having a
water content of less than or equal to 1.0% by weight in at least
two hydrogenation process stages, thereby preparing isopropanol
product.
The examiner relies upon the following references as evidence
of obviousness:
Hiles et al. (Hiles) 4,626,604 Dec. 02, 1986
Fukuhara et al. (Fukuhara) 5,081,321 Jan. 14, 1992
The Sigma Catalog (Sigma), p. 1681, 1994 edition.2
The claims on appeal stand rejected under 35 U.S.C. § 103(a)
as unpatentable over Fukuhara in view of Hiles (Answer, page 3).
1
1We refer to and cite from the Brief dated Jan. 22, 2004.
2
2We note that this reference was relied upon in the
statement of the rejection in the Office action dated Oct. 23,
2003, Paper No. 22, page 2. This reference was listed as “Prior
Art of Record” on page 3 of the Answer but was not in the
statement of the rejection in the Answer (see also page 3).
However, the examiner relies upon this reference on page 6 of the
Answer as evidence that “commercially available acetone contains
less that [sic, than] 1.0% by weight of water.” Appellants have
argued the merits of this reference (Brief, pages 5-6; Reply
Brief, page 1). Therefore we consider this reference as part of
the evidence of obviousness. Cf., In re Hoch, 428 F.2d 1341,
1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
2
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