Appeal No. 1996-0683
Application 08/116,938
Accordingly, we decline to consider them for the purpose of
determining whether the examiner has established a prima facie
case of enablement with respect to the relied upon prior art
references. See In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ
406, 407 n.1 (CCPA 1970) (“Where a reference is relied on to
support a rejection, whether or not in a ‘minor capacity,’
there would appear to be no excuse for not positively
including the reference in the statement of the rejection.”).
In view of the foregoing, we reverse the examiner’s
decision rejecting all of the appealed claims (species
described in claim 7) under 35 U.S.C. § 102(b) over the
Zhanxun references.
As a final point, we observe that appellants acknowledge
(specification, pages 4 and 5) that:
U. S. Patent No. 2,975,220 discloses compounds
of the general formula R(CH CF ) Q, where n is an
2 2n
integer and Q is halogen or hydrogen and R is a
halogenated radical. These compounds (e.g.,
CF CF CH CF CF ) may be prepared by reacting vinylidene
3 2 2 2 3
fluoride with certain telogens.
There are also means of synthesizing various
fluorine-substituted alkenes. For example, U.S.
Patent Nos. 4,820,883 and 4,820,884 disclose the use
-6-
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007