Appeal No. 94-3474
Application 07/956,126
state in the specification that his process does not require the
use of UV radiation or the addition of free-radical generators.
In order for us to properly evaluate the examiner’s
rejection, it is necessary to determine the level of ordinary
skill in the art as it pertains to appellant’s claimed subject
matter.
Appellant admits that the side chain chlorination of methyl
aromatic compounds by a free radical mechanism to give the
corresponding trichloromethyl aromatic compounds and the de-
composition of aromatic sulphonyl chlorides by a free radical
mechanism to give the corresponding aryl halides are well known
in the art (specification, page 1, lines 15-22). Appellant then
states that these processes “are carried out in industrial
chemistry under illumination, with addition of free-radical
generators or purely thermally” (specification, page 1, lines 15-
25). Appellant does not define the term “illumination” in his
specification. As for the term “free radical generators,”
appellant gives examples of organic and inorganic compounds which
function as “generators,” namely, “phosphorous pentachloride,
sulphuryl chloride, sulphur chlorides, iodine, peroxides and azo
compounds” (specification, page 1, lines 26-28).
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