Appeal No. 2002-0440
Application 09/113,547
the course of the reaction the formation of two phases was noted”
(col. 6, lines 15-16). “The upper phase contained over 96% of
the desired propyl chlorodifluoroacetate in addition to
pyridinium salts. The lower phase contained the catalyst salt as
its principal component in addition to traces of the product”
(col. 6, lines 19-23). The phases were separated (col. 6,
line 24).
The examiner argues that because phase formation occurred in
Feist’s example 10 at a 2:1 mole ratio of alcohol to acid
chloride during the preparation of ethyl chlorodifluoroacetate,
one of ordinary skill in the art reasonably would have expected
phase formation to take place at that excess alcohol ratio in
Feist’s example 9 during the preparation of methyl
chlorodifluoroacetate (answer, page 5).
Feist adds chlorodifluoroacetyl chloride dropwise to an
alcohol/pyridinium chlorodifluoroacetate mixture in each of
examples 9, 10 and 11. In example 9, wherein the alcohol is
methanol, no phase formation is reported. In example 10, wherein
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