Ex parte NAKADA et al. - Page 5




          Appeal No. 95-2958                                                          
          Application 08/108,570                                                      


          “gas phase fluorination” (page 3) and states that the reaction              
          temperature “is usually from 250 to 450EC, preferably from 300              
          to 400EC” (page 4).  Appellants state that “[a] reaction                    
          pressure is not limited, but it is usually from 0.1 to 20 atm,              
          preferably 1 to 10 atm” (see id.).  In the only example in                  
          appellants’ specification, both the hydrogen fluoride and                   
          1,1,2,3,4,4-hexachloro-1,3-butadiene reactants are in the gas               
          phase (page 5).                                                             
               The boiling range of 1,1,2,3,4,4-hexachloro-1,3-butadiene              
          is 210-220EC,  which is below the temperature range of 250-2                                                              
          450EC in appellants’ specification (page 4).  Although                      
          pressures as high as 20 atm are disclosed in appellants’                    
          specification (see id.), we find no indication that such                    
          pressures would produce a liquid phase.  Thus, in view of                   
          appellants’ specification, we conclude that the claims require              
          that both the hydrogen fluoride and 1,1,2,3,4,4-hexachloro-                 
          1,3-butadiene reactants are in the gas phase.  Even if some of              
          Bielefeldt’s hexachlorobutadiene were to enter the gas phase,               



               2See The Condensed Chemical Dictionary, 526 (Van Nostrand              
          Reinhold, 10th ed., 1981).                                                  
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