Appeal No. 1998-1146 Page 9
Application No. 08/410,177
Appellants do not continue to maintain any serious
disagreement with the examiner’s determinations regarding the
weight percents that correspond to the molar percents
described in the applied references. Rather, appellants 1
argue that Comelli does not teach the compositional ranges set
forth in representative claim 1 and that both of the
separately applied references do not teach that their
respective mixtures are azeotropic. In this regard,
appellants assert that the applied references being relied
upon represent accidental results. We are not persuaded by
those arguments.
It has long been held that the disclosure in the prior
art of any value within a claimed range is an anticipation of
the claimed range. In re Wertheim, 541 F.2d 257, 267, 191
1Appellants initially disagreed with the examiner’s
determination regarding the corresponding weight percents of
the components in Table II, column 3, row 5 of Comelli (reply
brief, page 4). However, the examiner maintained the correct
weight percents were 29% for 1,3-dioxolane and 71% for 3-
methylpentane in the supplemental answer. Appellants did not
dispute that continued assertion by the examiner in their
supplemental reply brief. We note that the molecular weight
of 1,3-dioxolane is approximately 74 and the molecular weight
of 3-methylpentane is approximately 86, which upon a routine
calculation would support the examiner’s position.
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