Ex Parte WILMET et al - Page 2




            Appeal No. 2002-1618                                                                              
            Application No. 09/051,746                                                                        
                   Claim 43 is representative of the claims on appeal and reads as follows:                   
                   43.   In a process for the preparation of 1,1,1,3,3-pentafluoropropane                     
                         comprising reaction of 1,1,1,3,3- pentachloropropane with hydrogen                   
                         fluoride in the presence of a hydrofluorination catalyst, the improvement            
                         which comprises carrying out the reaction at a temperature and under a               
                         pressure at which 1,1,1,3,3-pentafluoropropane is gaseous and isolating              
                         and [sic] 1,1,1,3,3-pentafluropropane from the reaction mixture by drawing           
                         off 1,1,1,3,3-pentafluoropropane and hydrogen chloride in a gaseous                  
                         phase as each of said 1,1,1,3,3-pentafluoropropane and hydrogen                      
                         chloride is being formed.                                                            

                   The reference relied upon by the examiner is:                                              
            Van Der Puy et al. (Van Der Puy)              5,395,997          Mar. 7, 1995                     
                   The reference relied upon by the appellants is:                                            
            M. Stacey, “The preparation of organic fluorine compounds by halogen exchange,”                   
            Advances in Fluoride Chemistry, Vol. 3, pp. 180-183, 200-209 (1963)                               
            Grounds of Rejection                                                                              
                   Claims 43-642 stand rejected under 35 U.S.C. § 103(a) as obvious over Van Der              
            Puy.   We reverse this rejection.                                                                 








                   2   The Answer, page 3, indicates that claims 20-26, 28-36 and 44 are rejected,            
            however, both appellants' Brief, page 2, and the final rejection (Paper No. 19) page 2,           
            indicate that claims 43-64 are the rejected claims.  We treat claims 43-64 as the                 
            rejected claims and subject matter of this appeal.                                                

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