Appeal No. 1995-4851
Application 08/167,656
teaching that either trihaloethenes or tetrahaloethanes can be
used as starting materials in Manzer’s process wherein the
catalyst contains no zinc, one of ordinary skill in the art
would have reasonably expected that using Manzer’s
trihaloethenes instead of Corbin’s tetrahaloethanes in
Corbin’s process wherein the catalyst contains zinc would
still produce Manzer’s disclosed products which include, as an
undesired product, appellants’ trifluorochloroethane. This
argument is not well taken because the examiner has provided
no supporting evidence or technical reasoning. As discussed
above, the tetrahaloethane starting material used in Corbin’s
claimed
process can include tetrahaloethane starting materials used by
Manzer. The product made by Corbin’s process, however, is
1,1,1,2-tetrafluoroethane, which is not a product which Manzer
discloses is made from a tetrahaloethane starting material by
his process. Thus, it is not apparent that if Manzer’s
trihaloethene materials were used in Corbin’s process, the
products disclosed by Manzer, including the undesired
trifluorochloroethane made by appellants’ process, would be
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