Appeal No. 94-3474
Application 07/956,126
methylbenzoyl chloride by a free-radical mechanism by reacting
the methylaromatic compound with chlorine in the presence of a
peroxide catalyst at a temperature between 30E and 60EC (Examples
1, 2 and 5 and claim 1). In all of the examples, Döscher
explicitly recites that a peroxide catalyst is present in the
chlorination process (see Examples 1-7). In addition, in
discussing the prior art, Döscher discloses that
[a]s is generally known, chlorination of the methyl
group follows a free-radical mechanism. For this, it
is necessary to employ free-radical generators, for
example organic peroxides, UV light or high
temperatures (> 180E C.). [Col. 1, lines 32-36.;
emphasis ours.]
Opinion
We have carefully considered the respective positions ad-
vanced by appellant and the examiner. However, for the reasons
set forth below, we will not sustain the examiner’s rejection.
The written description requirement under the first
paragraph of 35 U.S.C. § 112 requires that the disclosure of the
invention in the originally filed application reasonably convey
to one having ordinary skill in the art that the inventor had in
his possession the later claimed subject matter as of the filing
date of the application. In re Wertheim, 541 F.2d 257, 262, 191
USPQ 90, 96 (CCPA 1976). The later claimed subject matter need
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