Ex parte BARRY et al. - Page 4




          Appeal No. 96-2885                                                            
          Application No. 08/146,862                                                    


          azeotrope-like compositions comprising HF and fluorocarbons                   
          like the presently claimed CF CCl F, we fully concur with the                 
                                        3   2                                           
          examiner that the claimed azeotrope or azeotrope-like                         
          composition consisting essentially of hydrogen fluoride and                   
          CC1 FCF  would have been obvious to one of ordinary skill in                  
             2   3                                                                      
          the art.                                                                      
               Appellants contend that:                                                 
               The feed stream [of Lee] can be any mixture of at                        
               least one fluorocarbon and hydrogen fluoride that                        
               results in a fluorocarbon/HF admixture that is                           
               difficult to separate by conventional distillation                       
               (see, Col. 4, lines 12-17); and does not have to be                      
               at an azeotrope or azeotrope-like concentration                          
               range, but merely capable of forming the difficult-                      
               to-separate composition during distillation (see,                        
               Col. 4, lines                                                            
               27- 32).                                                                 
          See sentence bridging pages 6 and 7 of Brief.  However, as                    
          noted above, Lee expressly teaches that "this invention                       
          provides a process for the separation of a difficult-to-                      
          separate azeotrope or azeotrope-like composition consisting                   
          essentially of hydrogen fluoride and a C -C  fluorocarbon                     
                                                   1  3                                 
          composition" (sentence bridging columns 2 and 3).                             
          Furthermore, we fail to perceive any meaningful distinction                   
          between a so-called "azeotrope-like composition" and a                        

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