Ex Parte Benage et al - Page 4

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

                nitroxyl-containing inhibitor in the prior art process to be recycled into the                
                distillation means, and also requires the temperature of the distillation means               
                to be no higher than 110°C, and the pressure to be less than 760 mm Hg.                       
                      Claim 2 requires the nitroxyl inhibitor of claim 1 to have a specific                   
                structural formula.                                                                           
                      Claim 9 requires the distillation of claim 1 to be a continuous                         
                operation.                                                                                    
                      Claim 18 recites the process of claim 2, with the additional                            
                requirement that the inhibitor must be a blend of two nitroxyls.                              
                2.  OBVIOUSNESS                                                                               
                      Claims 1, 2, 9, and 17-26 stand rejected under 35 U.S.C. § 103 as                       
                obvious in view of Arhancet1 and Higgins.2                                                    
                      The Examiner cites Arhancet as describing “a method for inhibiting                      
                premature polymerization of vinyl aromatic monomers,” using nitroxyl                          
                inhibitors having the claimed formula, “at a temperature of 110°C and under                   
                reduced vacuum.”  (Answer 3 (citing Arhancet at col. 1, ll. 16-17; col. 2,                    
                line 10, through col. 3, line 7; claims 6 and 8).)  The Examiner                              
                acknowledges that Arhancet differs from claim 1 in that “Arhancet does not                    
                disclose a step of recycling the inhibitor to the distillation column.”                       
                (Answer 3.)                                                                                   
                      To meet this limitation, the Examiner cites Higgins as “disclos[ing] a                  
                process for production/purification of an unsaturated monomer wherein the                     
                inhibitor is recycled back to the distillation column (see the Figure).”                      
                                                                                                             
                1 Arhancet, U.S. Patent 5,907,071, issued May 25, 1999.                                       
                2 Higgins, Jr. et al., U.S. Patent 4,033,829, issued July 5, 1977.                            

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