Appeal No. 1998-2623
Application No. 08/677,062
catalytic properties because the combination of chromium
fluoride and aluminum fluoride is known to possess catalytic
properties.” (Answer, page 4). The examiner further
concludes that it would have been obvious “to select any atom
percent ratio for aluminum fluoride and chromium fluoride that
would provide for an active catalyst . . . ” (Answer, page 5).
As discussed above, we find that Fiske discloses that mixtures
of metal fluorides can be used as a catalyst but there is no
general disclosure as to the amounts or ratios of the metals
involved in these mixtures (col. 1, ll. 32-34; col. 2, ll. 25-
26). However, Fiske specifically discloses several examples
where chromium is used in low amounts (see Examples 1, 4 and
6). The examiner has not pointed to any disclosure or3
teaching in Fiske that would have led one of ordinary skill in
the art to employ the claimed atom percentages of chromium and
metal fluoride. The claimed atom percents are much higher
than the amounts disclosed in the Examples of Fiske. Thus,
3We note that, on this record, there are no calculations
equating the “percent by weight” disclosed in the Examples of
Fiske with the “atom percent” recited in the claims on appeal.
In the absence of such calculations on the record, we will
only designate the amounts of chromium as relatively high or
low.
6
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