Ex Parte SCHULZ et al - Page 3




          Appeal No. 2002-0924                                                        
          Application 08/876,529                                                      


               The appellants’ claim 1 requires that the MF5 formed is                
          isolated.                                                                   
               The examiner relies (answer, pages 4-5) upon example 2 of              
          DE ‘247 wherein hexafluorophosphoric acid is made by mixing                 
          hydrogen fluoride with phosphorus trichloride in an iron bomb and           
          gradually adding liquid chlorine to the bomb with cooling.  “The            
          pressure is then gradually allowed to decrease until the escaping           
          gas, which initially consists only of hydrogen chloride, begins             
          to color a gas flame palely but clearly through its phosphorus              
          pentachloride [sic, pentafluoride] content.  Then liquid                    
          hexafluorophosphoric acid is found in the pressurized vessel.”              
               The examiner argues that the title of Wiesboeck                        
          (“Manufacture of Phosphorus Pentafluoride”) indicates that                  
          phosphorus pentafluoride is a desired product in the art, and               
          argues that one of ordinary skill in the art would have recovered           
          the DE ‘247 phosphorous pentafluoride for this reason and                   
          because, due to the toxicity of phosphorous pentafluoride, it               
          cannot be directly released into the atmosphere (answer,                    
          pages 5-6).                                                                 






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