Appeal No. 2007-3827
Application 08/713,905
Stutz Declaration ¶ 2. Dr. Stutz quotes certain passages on pages 83 and 87,
and cites to a passage on page 104 of “Annalen der Chemie, Band 562.”4
The full paragraph on page 83, quoted in part by Dr. Stutz, reads as follows:
The simplest representative of this solid class,] methoxy
propylamine with the reaction of phosgene in toluene as a
thinning agent produces a mixture of methoxypropyl isocyanate
and chloropropyl isocyanate which cannot be separated by
fractional distillation. Under the test conditions, the methoxy
residue was replaced with chlorine.
Siefken 83; translation 83; Stutz Declaration ¶ 2 (emphasis as supplied in
Declaration). Dr. Stutz further testifies with respect to the method of
producing γ-chlorine propyl isocyanate set forth on page 104, “it is reported
that pure chlorine propyl isocyanate . . . was obtained in high yield under the
described experimental conditions” (Stutz Declaration ¶ 2). The full
paragraph on page 87 quoted by Dr. Stutz reads as follows:
Ether diamines, which can be obtained from adding acrylic
nitrile to bi-functional alcohols and subsequent hydration, such
as the ethylene glycol diamine dipropyl ether
NH2·(CH2)3·O·CH2CH3·O·(CH2)3·NH2 produces mainly
4 We fail to find a copy of Justus Liebigs Annalen der Chemie, vol. 562
attached to the Declaration as stated (Stutz Declaration ¶ 2). We do find
Appellants submitted pages 83-105 of Siefken, “Mono- und
Polyisocyanate,” Justus Liebigs Annalen der Chemie 562. Band”
(hereinafter Siefken) in the Information Disclosure Statement filed
December 16, 1996, wherein this document is cited as “Annalen der Chemie
(1948 . . . ) 83-105” on the accompanying Form PTO-1449. We further find
an English translation of these pages attached to this document, which does
not identify the translator. We further note that this document apparently
has a publication date of 1949 as evinced by Biskup (col. 1, ll. 12-13) and
Bischof (col. 1, ll. 11-12). We have considered the English translation of
Siefken supplied by Appellants and refer to that translation herein.
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