Appeal No. 1996-2320
Application 08/221,224
temperature of about -10 to about 50EC, which is the
temperature range used by Guertin (col. 1, line 41), but
contains alkyl sulfonic acid in a major amount when a higher
reaction temperature of about 85 to 115EC is used
(specification, page 6, lines 16-20), indicates
that Guertin’s product is predominantly alkyl sulfonyl
chloride, but contains alkyl sulfonic acid. Guertin’s R can
be C alkyl, which encompasses C , and Guertin’s X can be1-20 1-6
hydrogen (col. 1, lines 52-55).
Claim 13: The upper limit, i.e., about 50EC, of Guertin’s
temperature range includes temperatures somewhat in excess of
50EC because “about”, as used by Guertin, evidently permits
some
tolerance. See In re Ayers, 154 F.2d 182, 185, 69 USPQ 109,
112, (CCPA 1946).
Claim 14: The limitation recited in this claim would have
been fairly suggested to one of ordinary skill in the art for
the reason given above regarding claim 10.
Claim 15: Guertin teaches that R can be methyl (col. 1,
line 55).
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