Appeal No. 1997-2265
Application No. 08/369,207
prior art references must be clear and
particular. In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d
1614, 1617 (Fed. Cir. 1999).
On this record, the examiner has failed to establish any
convincing reason or suggestion to combine the references as
proposed. The examiner has failed to point to convincing
evidence of a suggestion from the prior art, the knowledge of
one of ordinary skill in the art, or the nature of the problem
itself. See In re Dembiczak, supra. The examiner has not
explained why one of ordinary skill in the art would have used
the process of Gordon, which produces 1,1,2-trichloroethane,
in the process of Bursack, which is directed to the production
and purification of 1,1,1-trichloroethane. Furthermore, the
examiner has not established why one of ordinary skill in the
art would have used the chlorination reaction of Gordon to
remove
1,2-dichloroethane when Bursack teaches the removal of this
impurity by extractive distillation.
Additionally, the examiner has not established that the
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