Ex Parte 5578684 et al - Page 9

            Appeal No. 2006-2247                                                                              
            Reexamination Nos. 90/006,554 and 90/006,894                                                      
        1                not; conversion of the N-oxide to the hydrohalide thus provides                      
        2                a simple technique for obtaining a pure product by                                   
        3                recrystallization techniques.  [Column 7, lines 38-52.]                              
        4                                                                                                     
        5          27. In Example V, Witman describes a process in which: (a) 31.6 parts of                   
        6                pyridine, 20 parts water, and 5.0 parts of molybdic anhydride were                   
        7                mixed together and heated to 60°C; (b) 32.8 parts of 50% by weight                   
        8                hydrogen peroxide was added over a ten minute period; (c) the                        
        9                temperature of the reaction mixture was maintained at 60-65°C for                    
       10                two hours until all of the peroxide was consumed; (d) 4.0 parts of                   
       11                calcium hydroxide were added and the temperature of the reaction                     
       12                mixture was allowed to cool to room temperature with continued                       
       13                stirring; (e) the insoluble salts were filtered; (f) 50 parts of                     
       14                concentrated HCl were added to the filtrate; and (g) the solution was                
       15                then freed of water by distillation at 10-15 mm Hg to provide 34.3                   
       16                parts of the hydrochloride salt of the pyridine N-oxide (63% yield).                 
       17                (Column 8, lines 60-75.)                                                             
       18          28. The ‘684 patent under reexamination states that the catalysts                          
       19                described in Witman, including acids of molybdenum, are preferred                    
       20                catalysts suitable for use in the claimed invention.  (Column 2, line 43             
       21                to column 3, line 5.)                                                                



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