distill off phenol the Shafer process reaches a temperature which
is at least equal to the melt temperature.
C. Recommendation under 37 CFR § 1.196(c)
We think that the difficulty with the appeal is that
applicant has presented a claim which is too broad in the sense
of 35 U.S.C. § 103(a). On the record before us, it is our view
that claim 1 includes subject matter which would have been
obvious and subject matter which would not have been obvious.
Hence, claim 1 is not patentable. Cf. In re Muchmore, 433 F.2d
824, 167 USPQ 681 (CCPA 1970) (claims which include obvious
subject matter and non-obvious subject matter are not patentable
under § 103).
The specific problem with claim 1 is that claim 1 does not
preclude providing a solution of diphenyl carbonate, contaminants
and phenol albeit that it is clear from applicant's arguments on
appeal, and perhaps the specification, that applicant does not
seek to cover a process which uses an adduct. In this respect,
we recommend that applicant consider amending claim 1 to read as
follows (matter in [brackets] and bold added to claim 1:
A process for purification of diaryl carbonates, which
comprises:
[1] providing a crude solution [consisting] of [a]
diaryl carbonate in admixture with [b] contaminant by-
products of a diaryl carbonate preparation;
[2] cooling the solution to a temperature of about
1-2°C below the nucleation temperature of the diaryl
carbonate whereby nucleation occurs;
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