Appeal No. 96-2885
Application No. 08/146,862
there is no dispute that Lantz discloses the claimed
composition consisting essentially of HF and CCl CF at the
3 3
claimed concentrations, it necessarily follows that the
reference discloses an azeotropic composition of appellants'
components. However, the appealed claims also require that
the claimed composition include "a liquid phase and a vapor
phase with a composition which is essentially that of said
liquid phase." On the other hand, Lantz specifically teaches
that "[t]he pressure can be between 10 and 80 bars absolute,
but must be sufficient to maintain the reagents in the liquid
state at the temperature chosen for the reaction" (column 3,
lines 1-3). Consequently, Lantz provides a teaching away of
the claim requirement of a liquid phase and a vapor phase.
The examiner speculates that "at least a minute vapor phase
will exist in equilibrium with the liquid phase of Lantz et
al.," but the examiner fails to provide the requisite factual
support for the inevitability of a vapor phase existing at the
pressures required by Lantz. Also, there is no teaching or
suggestion in Lantz "to mix the hydrogen fluoride and
chlorofluorocarbon components at room temperature and
pressure" (page 6 of Answer). The motivation provided by the
-6-
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