Appeal No. 2001-2396
Application 09/286,150
Claim 11
The appellants’ claim 11, like claim 1, requires that the
hydrogenation temperature is about 300ºC to about 800ºC.
Claim 11 differs from claim 1 in that claim 11 does not specify
the catalytic metals and requires that the recovered 1,1,1,3,3-
pentafluoropropene is hydrogenated to produce 1,1,1,3,3-
pentafluoropropane.
In Kellner’s comparative example, which is the only
disclosure relied upon by the examiner for a teaching of
producing 1,1,1,3,3-pentafluoropropene, the reaction temperature
is 150ºC.
The examiner does not address the combination of limitations
in the appellants’ claim 11. The examiner, therefore, has not
carried the burden of establishing a prima facie case of
obviousness of the method in this claim. Hence, we reverse the
rejection of claim 11 and the claims which depend therefrom.
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