Appeal No. 2002-0440
Application 09/113,547
alcohol. In example 11, wherein the alcohol is n-propanol, Feist
reports formation of two phases during the course of the
n-propanol/chlorodifluoroacetyl chloride reaction, and Feist
separates the phases. Thus, as the carbon number of the alcohol
goes from 1 to 3, the examples go from 1) no reported phase
formation to 2) “strong turbidity (phase formation)” to
3) formation of two phases followed by separation of the phases.
For a prima facie case of obviousness to be established,
the teachings from the prior art itself must appear to have
suggested the claimed subject matter to one of ordinary skill in
the art. See In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143,
147 (CCPA 1976).
The examiner has not provided evidence or technical
reasoning which shows that Feist’s disclosure that “strong
turbidity (phase formation)” occurs at a 2:1 ratio of ethanol to
chlorodifluoroacetyl chloride in example 10, and Feist’s lack of
a similar disclosure in example 9, wherein the alcohol is
methanol, would have led one of ordinary skill in the art to
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