Appeal No. 1996-0684
Application No. 08/116,550
discuss the Shibanuma Declaration executed June 4, 1993,
relied on by appellants as rebutting any such prima facie
case.
One further point warrants attention. In the
specification (page 9, Example 4), appellants describe the
preparation of a catalyst containing partially fluorinated
chromium oxide and platinum. Using that catalyst, appellants
carry out the gas-phase fluorination of 1,1,1-
trifluorochloroethane to 1,1,1,2-tetrafluoroethane under "the
above common conditions," i.e., the same reaction conditions
employed in Comparative Example 1 using a partially
fluorinated chromium oxide catalyst with no additional metal.
In the specification, page 10, lines 1 through 3, appellants
state that:
In comparison with Comparative Example 1, the
catalyst life and the throughput were increased
without decreasing the activity.
That statement, however, appears to be incorrect. Compare the
results reported in Example 4 (Catalyst Life, 63 hours;
Throughput, 153 g) with the results reported in Comparative
Example 1 (Catalyst Life, 78 hours; Throughput, 177 g). On
return of this application to the Examining Corps, we
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