Appeal No. 1997-0551
Application 08/157,429
chlorofluoride including oxygen in accordance with a specified
formula is taught. Aoyama does not disclose the herein
claimed catalyst that requires the presence of an element
other than aluminum as variously specified in the appealed
claims.
Even given Aoyama’s teachings, the examiner has not
fairly explained how the combination of Aoyama with Yale and
Seigneurin would have suggested the claimed process to one of
ordinary skill in the art (see answer, pages 6 and 7). Here,
the examiner has not adequately set forth why or how one of
ordinary skill in the art would have arrived at the selection
of a catalyst combination including the catalyst of Aoyama
together with the catalyst of Seigneurin for the herein
claimed process with a reasonable expectation of success from
the combined teachings of Yale, Seigneurin and Aoyama given
that Yale and Seigneurin do not specifically disclose the
production of the same products from the same reactants as of
interest to Aoyama.
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