Appeal No. 95-0798
Application 08/042,200
claims 13 and 14 depend) in independent form. In an advisory action (paper no. 7), the examiner
indicated that the amendment would be entered upon filling an appeal and that upon entering the
amendment, claims 12-14 would be allowable. Accordingly, claims 1-11 are before us for
consideration. We reverse.
The Claimed Subject Matter
The claims on appeal are directed to a process for enriching the amount of CClF CClF
2 2
relative to CClF CF using a vapor phase fluorination catalyst. The following claim is illustrative of
2 3
the claimed subject matter:
1. A process for enriching the amount of CClF CClF relative to the amount
2 2
of CCl FCF from an initial mixture containing CClF CClF and CCl FCF comprising2 3 2 2 2 3
the steps of:
contacting said initial mixture with hydrogen chloride in the vapor phase at an
elevated temperature in the presence of a vapor phase fluorination catalyst to produce
a product mixture containing C C1 F and chlorination products of CCl FCF wherein2 2 4 2 3
the weight ratio of CClF CClF to the total C C1 F is higher than the weight ratio of22
2 2 2 2 4
CClF CClF to the total C Cl F in the initial mixture; and separating chlor-inated2 2 2 2 4
products of CCl FCF in the product mixture from the C Cl F therein.2
2 3 2 2 4
Opinion
We have carefully considered the respective positions advanced by appellant and the examiner.
For the reasons set forth below, we will not sustain the examiner's rejection.
The examiner has rejected claims 1-11 under the first paragraph of 35 U.S.C. § 112 on the
ground that the disclosure is “enabling only for claims limited to the specifically disclosed catalysts
2
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