Appeal No. 1995-4855
Application No. 08/146,334
teaches that “[t]he choice of suitable temperature is also
influenced by the particular derivative it is desired to
prepare since the formation of those derivatives containing a
lower number of fluorine atoms is favored by a lower
temperature.” (Page 2, left column, lines 52-57). Leicester
also teaches that the reaction time and ratio of reactants are
important considerations in determining the reaction
temperature (Page 2, left column, lines 58-right column, line
24). Optimization of such a result-effective variable is
normally well within the ordinary skill in the art. In re
Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980).
Accordingly, appellants’ arguments are not persuasive.
Appellants’ fourth point is that the Board overlooked the
unique nature of recycling HF-containing azeotropes (request,
page 5). Appellants submit that there is no suggestion in any
of the cited publications that azeotropes rather than some
other combination of components should be recycled (Id. at
page 6).
As reiterated on page 11 of the Decision, it is well
recognized that recycle of intermediates and unreacted
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