Ex parte WERNER et al. - Page 8




         Appeal No. 1998-1146                                      Page 8          
         Application No. 08/410,177                                                


              The examiner (answer, pages 4 and 5) has found that                  
         Comelli exemplifies the use of a mixture of 1,3-dioxolane with            
         3-methylpentane in determining thermodynamic properties of                
         such mixtures.  As found by the examiner, the fifth                       
         composition reported in the third column of Table II of                   
         Comelli "exemplifies having a molar ratio of 0.3182 moles of              
         1,3-dioxolane and 0.6818 moles of 3-methylpentane" which                  
         corresponds to "a weight ratio of about 29 weight percent 1,3-            
         dioxolane and about 71 weight percent 3-methylpentane" (answer            
         pages 5 and 6).  Appellants’ representative claim 1 is                    
         inclusive of such a composition by calling for from about 4 to            
         about 50% by weight of 1,3-dioxolane  and from about 59 to                
         about 77% by weight of 3-methylpentane as one optional                    
         azeotropic mixture.  As such, we agree with the examiner that             
         Comelli anticipates, prima facie, the composition required by             
         representative claim 1 as well as claims 2, 5 and 9 which                 
         latter claims stand or fall together with representative claim            
         1.  Similarly, we agree with the examiner that Inglese                    
         anticipates, prima facie, the composition required by                     
         representative claim 1 as well as claim 2 for reasons as et               
         forth by the examiner at page 7 of the answer.                            







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