Appeal 2006-3191
Application 10/397,765
recrystallization taught by Durden has nothing to do with a purification
method. The “pure 90.5 degree” material taught by Durden is an oxime
product, which is an intermediate used in preparing the final pesticide
product (Durden 9:14-29).
The Examiner finds that Durden teaches a “broad melting range” and
an “anhydrous” starting material with a liquid product, and thus concludes
that melting the pesticide would have been obvious (Answer 4). As
correctly argued by Appellants (Br. 6; Reply Br. 5), the two passages from
Durden cited by the Examiner are not related and provide no suggestion of
melting the pesticide before coating it on a substrate or carrier. The
Examiner has failed to establish the connection between the first passage,
directed to the production of an anhydrous starting material from an aqueous
solution (Example V), and the second passage, directed to a specific
example of the pesticide which has a “broad melting point range” (Example
XIII).
We also note that Durden teaches that the product was purified by
thin-layer chromatography (TLC) (Example VII), as well as several
examples where final product purification was accomplished by
“conventional workup and recrystallization” (e.g., Examples V, VIII, IX).
The Examiner has not established why one of ordinary skill in the art would
have modified these methods taught by Durden and used the claimed
method.
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Last modified: November 3, 2007