Ex parte CHEN et al. - Page 17




          Appeal 97-1458                                                              
          Application 08/329,940                                                      

               We essentially disagree with the examiner's rationale and              
          reverse, with the exception of the examiner's discussion about              
          the formula of C F NO--a matter, which as noted earlier, we                 
                          5 11                                                        
          are not in position to resolve on this record.  As to this                  
          matter, we vacate and remand essentially for reasons already                
          given.                                                                      

                    3.   The examiner's indefiniteness rejection                      
               The examiner feels that the claim 14 is somehow                        
          indefinite.  An initial criticism seems to have been                        
          applicants use of "comprising."  Applicants now recite                      
          "consisting essentially."  Hence, at least the "comprising"                 
          rationale has gone by the boards.  The examiner also seems to               
          believe that a boiling point needs to be recited in the claim.              
          We disagree.                                                                
               The indefiniteness rejection is reversed.                              

                    4.   The prior art rejection                                      
               The examiner's rejection under 35 U.S.C. § 103 over                    
          Geiger, U.S. Patent 4,038,276 (1977) is reversed.  Geiger                   
          describes the use of a solvent.  In a light most favorable to               
          the examiner, the solvent may be m-chlorotrifluorotoluene,                  

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