Appeal 97-1458
Application 08/329,940
(8) Mandal, U.S. Patent 5,840,998 (1998; filed
1998), which at col. 2, line 67 through col. 3, line 5, has a
disclosure similar to Chen, supra.
In addition to the U.S. Patents made of record above,
applicants may be able to place in the record sales brochures
of 3M which were available as of the filing date.
We decline to resolve the issue involving the structural
formula of C F NO sold as PF-5052 by 3M and the issue of
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whether C F NO sold as PF-5052 by 3M is properly characterized
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as a "perfluoronitroalkane." The patents cited above with
issue dates prior to applicants' filing date, do not identify
the structure of C F NO, and indicate that a compound having
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the same empirical formula was sold under a mark different
from PF-5052. The patents cited above, which identify the
formula, are based on applications filed after applicants'
filing date. Hence, they cannot serve to show the state of
the art under In re Glass, supra, or under a theory of
establishing inherency as permitted by In re Wilson, 311 F.2d
266, 135 USPQ 442 (CCPA 1962) (non-prior art document may be
relied upon to show a property inherent in a composition
described in a prior art document).
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