Ex Parte Benage et al - Page 2

                Appeal No. 2006-2694                                                                          
                Application No. 09/910,968                                                                    

                monomer, increased energy cost, and equipment fouling “owing to the                           
                deposition of polymer in or on the equipment being used.”  (Specification 1.)                 
                      “A wide variety of compounds has been proposed and used for                             
                inhibiting uncontrolled and undesired polymerization of ethylenically                         
                unsaturated monomers.”  (Specification 2.)  The Specification discloses that                  
                “nitroxyl radicals are highly efficient polymerization inhibitors under normal                
                use, providing better performance than most other inhibitors on the                           
                market . . . .”  (Specification 5.)                                                           
                      Many manufacturers improve the economics of producing monomers                          
                by recycling and reusing the polymerization inhibitor.  (Specification 13.)                   
                “It is known in the industry that the recycling of streams utilizing nitroxyls                
                as polymerization inhibitors in plants employing temperatures in excess of                    
                about 115° C causes loss of inhibitor efficiency, such that the tar recycle                   
                leads to a higher polymer content than would be expected or desirable.”                       
                (Specification 13.)                                                                           
                                               DISCUSSION                                                     
                1.  CLAIM CONSTRUCTION                                                                        
                      Claims 1, 2, 9, and 17-26 are pending and on appeal.  We will focus                     
                on claims 1, 2, 9, and 18, which read as follows:                                             
                1. In a process for the production and purification of unsaturated                            
                monomers employing distillation means and a nitroxyl-containing                               
                polymerization inhibitor of said monomers, wherein a process stream                           
                containing the nitroxyl-containing inhibitor is removed downstream of the                     
                distillation means and returned to the process ahead of the distillation means,               
                the improvement which comprises recycling said stream containing the                          
                nitroxyl-containing inhibitor into the distillation means, wherein the                        
                temperature in the distillation means is no higher than about 110° C and the                  
                pressure is less than 760 mm Hg.                                                              

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