Ex Parte ICHIKAWA et al - Page 3


         Appeal No. 1999-1180                                                       
         Application No. 08/751,557                                                 


              Claims 1 and 3 through 8 on appeal stand rejected under 35            
         U.S.C. § 103(a) as unpatentable over the combined teachings of             
         Moore and Morikawa.1  (Examiner’s answer, pages 3-4.)                      
              On consideration of the record, it is our judgment that the           
         aforementioned rejection is well founded.  Accordingly, we                 
         affirm for the reasons well stated in the examiner's answer.               
         Nevertheless, we add the following comments primarily for                  
         emphasis.2                                                                 
              Moore describes a method for the production of                        
         difluoromethane comprising reacting a compound of formula XYCF2,           
         wherein X and Y are each H, Cl, or Br but at least one of X and            
         Y is an atom other than hydrogen, with hydrogen at elevated                
         temperature in the presence of a hydrogenation catalyst.  (Page            
         2, lines 12-15.)  According to Moore, the compound of formula              
         XYCF2 is "[u]sually" a chlorinated difluoromethane, preferably             
         chlorodifluoromethane.  (Page 2, lines 21-22.)  Also, Moore                

                                                                                   
              1  Our citations to Morikawa are to the full English                  
         language translation, a copy of which is attached to this                  
         decision.                                                                  
              2  The appellants submit that the appealed claims should be           
         considered separately in two groups, namely group I (claims 1,             
         3-5, and 7) and group II (claims 6 and 8).  Therefore, pursuant            
         to 37 CFR § 1.192(c)(7) (1997), we select claims 1 and 6 from              
         the two groups of claims, respectively, and decide this appeal             
         as to the examiner's ground of rejection on the basis of these             
         claims only.                                                               

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