Appeal No. 2006-2247
Reexamination Nos. 90/006,554 and 90/006,894
1 On Whether One of Ordinary Skill in the Art Would Have Been Led to
1 Combine the References
2
3
4 Based on our findings as to the scope and content of the prior art as well as
5 the level of ordinary skill in the art as reflected in the applied prior art references,
6 we are in complete agreement with the examiner that a person having ordinary skill
7 in the art would have found the subject matter of appealed claim 1 prima facie
8 obvious. Specifically, a person having ordinary skill in the art would have found it
9 prima facie obvious to replace the pyridine of Witman’s exemplified process with
10 polyvinylpyridine as shown in Dunn in order to realize all of the advantages
11 disclosed in Witman column 2, lines 5-11, which states:
12 Since my new process employs only stable, easily handled materials,
13 relatively inexpensive, re-usable catalysts, and gives much higher
14 reaction rates than have heretofore been possible, it lends itself
15 admirably as a general method for the large-scale preparation of N-
16 oxides. The new process also effects much more efficient use of
17 hydrogen peroxide.
18
19 Additionally, a person having ordinary skill in the art would have been led to
20 make this combination because Witman describes the applicability of the disclosed
21 N-oxidation process to all tertiary amines known to oxidize to N-oxides, as
22 follows:
23 My new process efficiently effects the oxidation of the N-oxides of all
24 of the tertiary amines which are known to oxidize to the
25 corresponding N-oxides, and in fact my new process is applicable
26 generally to the oxidation of all tertiary amines to the corresponding
27 N-oxides. [Emphasis added; column 1, line 72 to column 2, line 5.]
24
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