Appeal No. 1999-1180
Application No. 08/751,557
as Ta, Nb, or Zr has increased durability. In addition,
Morikawa suggests that these catalysts would be more resistive
to hydrochloric acid, as we discussed above. Thus, contrary to
the appellants' argument, Morikawa provides the requisite
motivation or suggestion for one of ordinary skill in the art to
modify Moore's process by using Morikawa's catalyst for the
purpose of improving catalyst durability and resistance to
hydrochloric acid. On this point, we point out that the
motivation to arrive at a claimed invention as provided in the
prior art does not have to be the same as that of the
appellants. In re Kemps, 97 F.3d 1427, 1430, 40 USPQ2d 1309,
1311 (Fed. Cir. 1996).
The appellants contend that neither Morikawa nor Moore
discloses the molar ratio ("from 1 to 10") of hydrogen to
dichlorodifluoromethane and/or monochlorodifluoromethane recited
in appealed claim 6. (Appeal brief, pages 7 and 8.) This is
incorrect. (Moore's page 3, lines 29-32; paragraph bridging
Morikawa's pages 6-7.)
Referring to Moore's Examples 12 and 13 (catalyst
containing only Pd) and Examples 20 and 21 (catalyst containing
Pd and Ni), the appellants urge that the use of palladium
8
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