Ex Parte 5578684 et al - Page 7

            Appeal No. 2006-2247                                                                              
            Reexamination Nos. 90/006,554 and 90/006,894                                                      
        1                unstable inorganic per-compounds of acid-forming elements of groups                  
        2                VA, VIA, VIB, and VIII of the periodic table as catalyst.  (Column 1,                
        3                lines 66-72.)                                                                        
        4          20. Witman describes the applicability of the disclosed N-oxidation                        
        5                process to all tertiary amines, as follows:                                          
        6                My new process efficiently effects the oxidation of the N-                           
        7                oxides of all of the tertiary amines which are known to oxidize                      
        8                to the corresponding N-oxides, and in fact my new process is                         
        9                applicable generally to the oxidation of all tertiary amines to                      
       10                the corresponding N-oxides.  [Emphasis added; column 1, line                         
       11                72 to column 2, line 5.]                                                             
       12                                                                                                     
       13          21. As typical examples of such tertiary amines, Witman describes                          
       14                “pyridine and the various substituted pyridines.”  (Column 3, lines 38-              
       15                40.)                                                                                 
       16          22. Witman teaches that the disclosed process is advantageous, as                          
       17                follows:                                                                             
       18                Since my new process employs only stable, easily handled                             
       19                materials, relatively inexpensive, re-usable catalysts, and gives                    
       20                much higher reaction rates than have heretofore been possible,                       
       21                it lends itself admirably as a general method for the large-scale                    
       22                preparation of N-oxides.  The new process also effects much                          
       23                more efficient use of hydrogen peroxide.  [Column 2, lines 5-                        
       24                11.]                                                                                 
       25                                                                                                     
       26          23. According to Witman, “[a]s a general rule, an amount of the catalyst                   
       27                between about 1.0% and about 20%, based on the number of moles of                    


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