Appeal No. 2002-1584 Page 2
Application No. 09/283,449
follows:
10. A composition comprising hydrogen fluoride in combination with an effective
amount of CF3CClFCF3 to form an azeotrope or azeotrope-like composition said
composition containing from about 38.4 to 47.9 mole percent CF3CClFCF3.
27. A composition which consists essentially of an azeotropic combination of
hydrogen fluoride with CF3CClFCF3.
The prior art reference relied on by the examiner is:
Webster et al. (Webster) 5,057,634 Oct. 15, 1991
The appealed claims stand rejected as follows: (1) claim 10 under 35 U.S.C. §
102(b) as anticipated by Webster; and (2) claims 10 and 26 through 28 under 35 U.S.C.
§ 103 as unpatentable over Webster.
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including Figure 1 and all claims on
appeal; (2) applicants' Appeal Brief (Paper No. 11); (3) the Examiner's Answer (Paper
No. 12); and (4) the Webster patent.
On consideration of the record, including the above-listed materials, we reverse
the examiner's rejections under 35 U.S.C. § 102(b) and 35 U.S.C. § 103.
Discussion
We shall not belabor the record with extended commentary in this case. Rather,
we find it sufficient to note that each appealed claim is drawn to a composition
combining hydrogen fluoride and CF3CClFCF3; and that each composition is "an
azeotrope or azeotrope-like composition" or consists essentially of "an azeotropic
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