Appeal No. 2006-2247 Reexamination Nos. 90/006,554 and 90/006,894 1 46. From 1987 to the present, Dr. Boeckh has been an employee of the 2 appellant patent owner (BASF). (Boeckh Declaration, ¶1.) 3 47. Dr. Boeckh acknowledges that “it was known in the chemical field to 4 oxidize PVP using glacial acetic acid as a solvent and an aqueous 5 solution of hydrogen peroxide as the oxidizing agent.” (Boeckh 6 Declaration, ¶5.) 7 48. Dr. Boeckh asserts: 8 The problem we faced and solved with our invention in 9 the ‘684 patent, therefore, was not increasing the degrees of 10 oxidation achievable for known processes for N-oxidizing PVP, 11 since such known processes already had achieved high degrees 12 of oxidation in excess of 90%. Rather, we recognized that it 13 was highly desirable to reduce the amount of acid in the 14 reaction vessel during PVP N-oxidation, by replacing acid with 15 water, to avoid the prior art problem of having large amounts of 16 acid left in both the reaction vessel (at the end of the reaction) 17 and in the final PVNO product, respectively. For safety 18 purposes in carrying out the reaction during the oxidation 19 reaction, we also recognized that it is highly desirable to 20 operate in a diluted state (by adding water) to reduce any 21 processing problems and hazardous conditions that might occur 22 if the reaction mixture is too viscous due to a high polymer 23 concentration. We further recognized that, even after dilution 24 with water in place of acid, the oxidation reaction needed to 25 proceed at desirable rates to be of any practical use, which is 26 why we chose the specific catalysts in our invention. 27 Therefore, our goal and the overall problem we solved with our 28 invention, was to address each of the foregoing individual 29 issues (reducing acid in the process by increasing water content 30 and adding a catalyst to achieve a desirable reaction rate), while 31 at the same time creating a process that was capable of 32 achieving high degrees of oxidation for the PVNO product. 14Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007