Appeal No. 2002-0924
Application 08/876,529
The desired product in DE ‘247 is hexafluorophosphoric acid
and its salts rather than phosphorous pentafluoride. DE ‘247
merely teaches in example 2 that as the pressure is reduced,
phosphorous pentafluoride appears and indicates the presence of
the desired hexafluorophosphoric acid product in the pressurized
vessel. The examiner has not established that the phosphorous
pentafluoride is present in an amount which is sufficient for one
of ordinary skill in the art to have desired to recover it or, if
not, that the applied prior art would have led one of ordinary
skill in the art to modify the process in DE ‘247 example 2 such
that an amount of phosphorous pentafluoride which is suitable for
recovery is produced.
Accordingly, we conclude that the examiner has not carried
the burden of establishing a prima facie case of obviousness of
the appellants’ claimed invention.
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