Ex parte BARRY et al. - Page 3




          Appeal No. 96-2885                                                            
          Application No. 08/146,862                                                    


               Appellants' claimed invention is directed to an azeotrope                
          or azeotrope-like composition consisting essentially of                       
          hydrogen fluoride and either CC1 CF  or CC1 FCF .3  3      2   3                              
               Appealed claims 4-7 stand rejected under 35 U.S.C. § 103                 
          as being unpatentable over Lee.  Claims 4 and 8-10 stand                      
          rejected under 35 U.S.C. § 102(b) as being anticipated by or,                 
          in the alternative, under 35 U.S.C. § 103 as being                            
          unpatentable over Lantz.                                                      
               Upon careful consideration of the opposing arguments                     
          presented on appeal, we will sustain the examiner's rejection                 
          of claims 4-7 under § 103 over Lee.  However, we will not                     
          sustain the examiner's rejection of claims 4 and 8-10 over                    
          Lantz.                                                                        
               We consider first the examiner's rejection of claims 4-7                 
          under § 103 over Lee.  Lee discloses a process of separating                  
          and recovering an organic phase containing fluorocarbons from                 
          an azeotrope or azeotrope-like composition comprising an                      
          admixture of a fluorocarbon and HF.  Lee also teaches that                    
          fluorocarbons of particular interest in composition with HF                   
          include the presently claimed CF CCl F (column 4, line 61).                   
                                           3   2                                        
          Accordingly, since Lee is directed to processing azeotrope or                 
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