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