Ex Parte 5578684 et al - Page 14

            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.                            

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