Appeal No. 94-3474
Application 07/956,126
radiation to persons skilled in the art of free-radical processes
for halogenating methylaromatic compounds. The level of skill in
the art of record further indicates that if UV radiation is used
as the source for producing free-radicals, it would be explicitly
disclosed as evidenced by the examples set forth in the
disclosures of Kobayashi, Davis and Klauke. Accordingly, we find
that at the time this application was filed, one of ordinary
skill in the art would have understood “illumination” to mean UV
irradiation within the context of the free-radical process for
chlorination and bromination of methylaromatic compounds as
disclosed and claimed by appellant.
As for the expression “without the addition of free radical
generators,” the examiner correctly points out that the claimed
reaction must include some sort of a free-radical generator. The
term “free radical generators” as defined by Döscher would
encompass any and all means for generating free radicals, i.e. UV
light, catalysts or high temperatures. However, in the context
in which appellant has described his “free-radical generators,”
one having ordinary skill in the art would consider appellant’s
“free-radical generators” to be inorganic or organic compounds
which function as catalysts for generating free radicals.
Applicant includes, as examples of “free-radical generators”, azo
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