In re Borkowski

MARKEY, Chief Judge.

This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection under 35 U.S.C. § 103 of claims 1-14 and 24-32 in appellants’ application serial No. 621,379, filed January 23, 1967,1 entitled “Chlorination of Hydrocarbons.” A Rule 131 affidavit submitted to antedate the sole prior art patent on which the rejection was based was held inadequate. We affirm.

The Invention

Claim 1 illustrates appellants’ invention :

1. Method of chlorinating a hydrocarbon which comprises(a) feeding hydrocarbon in vapor phase at an intermediate level…