Appeal No. 94-3474
Application 07/956,126
shows that no free-radical generators are added to his process
and no UV radiation is used. According to appellant, the free-
radicals in his process are produced because of the high
temperature of the reaction. Appellant’s sole independent claim
recites a temperature of 120E to 240EC. for the claimed process.
Appellant points to page 1, lines 23-28 of the specification
which states that
... [the prior-art processes] proceed by a free-radical
mechanism and are carried out in industrial chemistry
under illumination, with addition of free-radical
generators or purely thermally. Free-radical
generators are for example phosphorous pentachloride,
sulphuryl chloride, sulphur chlorides, iodine,
peroxides and azo compounds.
Appellant is asserting that his claimed free-radical chlorination
or bromination reactions are thermal only.
The issue before us is whether one having ordinary skill in
the art, at the time the application was filed, would have known
from appellant’s original disclosure that his claimed free-
radical reaction process was conducted “without UV irradiation”
and “without the addition of free-radical generators” and that
the objected-to expressions do not introduce a new concept.
At the outset, we must determine what one of ordinary skill
in the art would attribute to the meaning of the terms
“illumination” and “free-radical generators” since appellant has
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