Ex Parte ELSHEIKH et al - Page 3



           Appeal No. 2001-1105                                                                    
           Application No. 09/312,267                                                              

                 Boyce discloses a liquid phase process for converting a                           
           chlorofluoro olefin to a fluorinated aliphatic hydrocarbon (col. 1,                     
           lines 66-67; col. 3, lines 31-36).  In Example 1b(ii), 1-chloro-                        
           3,3,3-trifluoropropene is converted to 1,1,1,3,3-pentafluoropropane                     
           by reaction with hydrogen fluoride in the presence of an                                
           unsupported SbCl5/TiCl4 catalyst.  In this example Boyce states                         
           that “[a]n average of 131 g (95%) of 1,1,1,3,3-pentafluoropropane                       
           was isolated for each of 2 consecutive runs” (col. 7, lines 6-7).                       
                 The examiner argues that “Boyce et al disclose every                              
           limitation of the instantly claimed process except for the                              
           requirement for a catalyst support” (answer, page 4).  The                              
           examiner, however, does not point out where Boyce discloses that                        
           the conversion of the chlorofluoro olefin to the fluorinated                            
           aliphatic hydrocarbon can take place in the gas phase.  Boyce                           
           teaches that the first step of his process, wherein a chlorofluoro                      
           olefin is made from a chlorinated olefinic hydrocarbon, can be                          
           carried out in either the liquid phase or the gas phase (col. 3,                        
           lines 13-16).  The conversion of the chlorofluoro olefin to a                           
           fluorinated aliphatic hydrocarbon, which is the reaction in example                     
           1b(ii), is disclosed as being carried out in the liquid phase (col.                     
           3, lines 33-36).                                                                        

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