Appeal No. 2006-2247
Reexamination Nos. 90/006,554 and 90/006,894
1 maintained at 60-65°C for two hours until all of the peroxide was consumed; (d)
2 4.0 parts of calcium hydroxide were added and the temperature of the reaction
3 mixture was allowed to cool to room temperature with continued stirring; (e) the
4 insoluble salts were filtered; (f) 50 parts of concentrated HCl were added to the
5 filtrate; and (g) the solution was then freed of water by distillation at 10-15 mm Hg
6 to provide 34.3 parts of the hydrochloride salt of the pyridine N-oxide (63% yield).
7 (Column 8, lines 60-75.) At this point, it is important to point out that the ‘684
8 patent under reexamination states that the catalysts described in Witman, including
9 acids of molybdenum, are preferred catalysts suitable for use in the claimed
10 invention. (Column 2, line 43 to column 3, line 5.) In this regard, BASF admits
11 that the molybdic anhydride catalyst described in Witman’s Example V converts to
12 molybdic acid upon contact with water. (Appeal Brief at 15.) Additionally, Dr.
13 Boeckh also acknowledged that the reaction medium described in Witman’s
14 Example V has a water content greater than 25%.
15 Dunn describes the preparation of fully or partially oxidized homopolymers
16 or copolymers of vinylpyridine. (Column 1, line 60 to column 2, line 19.)
17 According to Dunn, the N-oxidation may be facilitated in an organic solvent using
18 any suitable organic peracid as the oxidizing agent. (Column 4, line 68 to column
19 5, line 7.)
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