Ex parte PETERS et al. - Page 5




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


          which the MTBE-containing feed to the extraction zone is fed,               
          was a known result-effective variable.  Kruse discloses only                
          introducing the entire feed at the same point.                              
               The examiner argues that the extraction steps of Kruse                 
          and appellants are the same and produce the same results due                
          to the same reactants being treated the same, and that Kruse’s              
          method and that of appellants, therefore, are equivalents                   
          (answer, page 5).  This argument is not well taken because,                 
          first, the examiner does not give weight to the requirement in              
          appellants’ claims that the second isobutylene recycle                      
          fraction is fed to the methanol extraction tower at a point                 
          about 1 to 3 theoretical plates below the point of                          
          introduction of the isobutylene conversion product.  All                    
          limitations must be given effect when interpreting claims.                  
          See In re Angstadt, 537 F.2d 498, 501, 190 USPQ 214, 217 (CCPA              
          1976); In re Geerdes, 491 F.2d 1260, 1262-3, 180 USPQ 789, 791              
          (CCPA 1974); In re Wilder, 429 F.2d 447, 450, 166 USPQ 545,                 
          548 (CCPA 1970).  The examiner has provided no reason why                   
          Kruse would have fairly suggested this limitation to one of                 
          ordinary skill in the art.  Second, as discussed above,                     


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