Appeal No. 2006-2247
Reexamination Nos. 90/006,554 and 90/006,894
1 (4) The Level of Ordinary Skill in the Art
2 33. We find that one of ordinary skill in the art would have a working
3 knowledge in various areas of expertise including (but not limited to)
4 catalysis and complex polymer science.
5 34. This level of skill is reflected in the teachings of the applied prior art.
6 35. A person having ordinary skill in the art would have the necessary
7 knowledge and skill to determine, through nothing more than routine
8 experimentation, the optimum ranges of reactants to successfully
9 carry out a reaction process described in a prior art reference.
10
11 E. The Examiner’s Position
12 36. The examiner found that Witman describes a process for making N-
13 oxides of tertiary amines using hydrogen peroxide solutions with
14 water contents above 25%, wherein the N-oxidation is effected by an
15 acid catalyst, desirably under acidic conditions using an acid.
16 (Examiner’s answer at 4.)
17 37. The examiner also found that “[t]he oxidation of polyvinylpyridine (a
18 polymer containing tertiary amines groups) is within the generic
19 teaching of Witman.” (Examiner’s Answer at 4.)
11
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