Ex parte PETERS et al. - Page 3




                     Appeal No. 96-2339                                                                                                                                                
                     Application 08/299,391                                                                                                                                            


                     founded.  Accordingly, we do not sustain this rejection.                                                                                                          


                                Kruse discloses a method for the continuous preparation                                                                                                
                     of MTBE by reacting tertiary butyl alcohol and methanol, and                                                                                                      
                     for the continuous purification of the MTBE product (col. 1,                                                                                                      
                     lines 9-15; col. 4, lines 32-35).  In Kruse’s method,                                                                                                             
                     isobutylene recycle fraction 83, isobutylene conversion                                                                                                           
                     fraction 42, fifth distillation fraction 72, and recycle                                                                                                          
                     fraction 120 are combined and fed to methanol extraction zone                                                                                                     
                     50 (figure 1).  In the methanol extraction zone, methanol is                                                                                                      
                     extracted from the feed to provide an extract (64) which                                                                                                          
                     includes methanol and water, and a raffinate (60) which                                                                                                           
                     includes MTBE and isobutylene (col. 14, lines 22-27).                                                             2                                               
                                Appellants’ claimed embodiment, shown in their figure 2,                                                                                               
                     differs from Kruse’s method in that appellants’ isobutylene                                                                                                       
                     fraction (82) is fed to the extraction zone (50) at about 1 to                                                                                                    
                     3 theoretical plates below the point of introduction of the                                                                                                       
                     MTBE-containing feed stream (46).  Appellants argue that the                                                                                                      


                                2 In Kruse, the names given to fractions 60 and 64 are                                                                                                 
                     reversed.  Fraction 60 should be called the raffinate and                                                                                                         
                     fraction 64 should be called the extract.                                                                                                                         
                                                                                          3                                                                                            





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