Ex Parte Guerra - Page 5


                    Appeal No. 2006-1161                                                                                                
                    Application No. 10/322,254                                                                                          


                            desirably have an ion-exchange capacity as large as possible.  From this                                    
                            standpoint, said fluorinated vinyl ether compound may preferably have                                       
                            a molecular weight as small as possible.  Accordingly, it is preferred                                      
                            that the value of p may be 0 or 1, most preferably 0.  [Col. 11, line 50-                                   
                            col. 12, line 17.]                                                                                          

                            Examples 2 and 4 of Kimoto are relied upon by the Examiner to show that                                     
                    Kimoto obtains both a monoaddition and a biaddition product and further that the product                            
                    is separated from remaining starting materials.  Final Office Action at 4; Answer at 6-7.                           
                    In Example 2, FSO2(CF2)2COF was reacted with a slight excess HFPO.  Col. 29,                                        
                    lines 30-39.  The reaction mixture separated into two layers, and the lower layer                                   
                    was distilled to yield a fraction boiling at 45˚C, i.e., the monoaddition product                                   
                    FSO2(CF2)3OC(CF3)FCOF.  Id., lines 39-58.  The yield was 225 g (0.57 mol, or 57%                                    
                    based on the limiting reactant FSO2(CF2)2COF2).  Example 4 used a greater molar excess                              
                    of HFPO and yielded more of the biaddition product than the monoaddition product.  Col.                             
                    30, lines 38-56.  Thus, these two examples considered together support Kimoto’s                                     
                    statements regarding the impact of changing the proportion of HFPO to FSO2(CF2)nCOF.                                
                    See col. 11, lines 50-66.                                                                                           
                            Lewis (the dictionary reference) is relied upon to show what one of ordinary skill                          
                    in the art would have known at the time the invention was made, i.e., that recycling is                             
                    useful to obtain “a more efficient conversion of unreacted components or to reuse                                   
                    auxiliary materials that remain unchanged during processing.”  Lewis at 995.  See also                              
                    Answer at 4-5.                                                                                                      


                                                                                                                                       
                    2 Appellant’s calculation yielded 52%.  Brief at 8.  The difference in these calculations does not impact our       
                    analysis.                                                                                                           

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