Ex parte CORBIN et al. - Page 12




          Appeal No. 1995-4851                                                        
          Application 08/167,656                                                      


          in the art would have been led by Manzer and Groppelli to use               
          Groppelli’s catalyst in Manzer’s process of producing                       
          asymmetric products.                                                        
               The examiner further relies (answer, page 6) upon                      
          Scipioni for a disclosure of fluorination of trichloroethylene              
          to produce 1,1,1-trifluoro-2-chloroethane (page 1, lines 51-                
          53).  However, as pointed out in the Manzer declaration (page               
          6), Scipioni’s catalyst is partially (70-80%) fluorinated                   
          (page 3, lines 84-87), and zinc is not among the catalyst                   
          components disclosed by Scipioni (col. 3, lines 44-46).  The                
          examiner does not explain, and it is not apparent, why the                  
          applied references would have fairly suggested, to one of                   
          ordinary skill in the art, the use in                                       




          Scipioni’s catalyst of zinc in combination with Manzer’s                    
          fluorinated alumina support having a total fluorine content as              
          AlF  corresponding to at least 90 wt%.                                      
             3                                                                        
               We find that the motivation relied upon by the examiner                
          for combining the teachings of Manzer, Groppelli and Scipioni               


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