Ex parte TAYLOR et al. - Page 3




                 Appeal No. 1997-2265                                                                                                                   
                 Application No. 08/369,207                                                                                                             


                 chlorinating a composition comprising chiefly                                                                                          
                 1,1,1-trichloroethane and a contaminating amount of                                                                                    
                 1,2-dichloroethane (see claim 2 on appeal and the Brief, pages                                                                         
                 2-3).  A copy of claim 2 on appeal is reproduced below:                                                                                
                          2.       A method comprising chlorinating a composition                                                                       
                          comprising chiefly 1,1,1-trichloroethane and a                                                                                
                 contaminating amount of 1,2-dichloroethane to                                                                                          
                          reduce the concentration of said 1,2-dichloroethane.                                                                          
                          The following references have been cited by the examiner                                                                      
                 as                                                                                                                                     
                 evidence of obviousness:                                                                                                               
                 Bursack et al. (Bursack)      3,658,657             Apr. 25,                                                                           
                 1972                                                                                                                                   
                 Gordon et al.  (Gordon)       3,919,337             Nov. 11,1                                                                                            
                 1975                                                                                                                                   
                          Claim 2 stands rejected under 35 U.S.C.  103 as                                                                              
                 unpatentable over Bursack in view of Gordon (Answer, page 3).                                                                          
                 We reverse this rejection essentially for the reasons set                                                                              
                 forth on pages 3-7 of the Brief.  We add the following                                                                                 
                 comments primarily for emphasis.                                                                                                       
                 OPINION                                                                                                                                
                          The examiner states that Bursack discloses a process for                                                                      

                          1The examiner has incorrectly listed and discussed this                                                                       
                 reference as “Gorden” in the Answer (e.g., Answer, pages 2 and                                                                         
                 3).                                                                                                                                    
                                                                           3                                                                            





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