Appeal No. 2003-0052
Application No. 09/782,268
above atmospheric pressure. This appealed subject matter is
adequately represented by independent claim 1 which reads as
follows:
1. A continuous process for preparing
bis(fluoroxy)difluoromethane (BDM), comprising passing F2
with CO2 through a fluorination catalyst, at a moderate
temperature and a pressure that is above atmospheric
pressure.
The reference set forth below is relied upon by the examiner
as evidence of obviousness:
Fifolt 4,499,024 Feb. 12, 1985
All of the claims on appeal stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Fifolt.1
We refer to the brief and to the answer for a thorough
discussion of the respective positions advocated by the appellant
and by the examiner concerning this rejection.
OPINION
We will sustain the examiner’s Section 103 rejection for the
reasons set forth in the answer and below.
1On page 2 of the brief, the appellant has stated that
claims 1, 5, 6 and 9-13 are to be considered as one group and
that claims 2-4, 7 and 8 are to be considered as a second group
in relation to 37 CFR § 1.192(c)(7)(2001). Therefore, in
assessing the merits of the above noted rejection, we will
consider the appealed claims in accordance with the appellant’s
aforementioned grouping thereof.
2
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