Appeal No. 97-3640
Application No. 08/406,272
Appellant argues Cheron is non-analogous art because Cheron (1) neither discloses nor
suggests removing CO from an olefin-containing fluid nor (2) relates to the problem of high CO2 2
content poisoning an olefin polymerization catalyst (Br. page 14 and paragraph bridging pages 17-18).
The determination that a reference is from a nonanalogous art is twofold, requiring first a
decision if the reference is within the field of the inventor's endeavor; and, if not, whether the reference
is reasonably pertinent to the particular problem with which the inventor was involved. In re Wood,
599 F.2d 1032, 202 USPQ 171 (CCPA 1979).
Here, references relating to removal of CO from gaseous fluids are clearly reasonably pertinent
2
to the field of appellant's endeavor. Both HP and Cheron disclose removal of CO from gaseous fluids.
2
While disclosing utility with ethylene and propylene (i.e., olefin) gases, HP is not limited to olefin gases
based upon HP's disclosure of LPG which one of ordinary skill in the art would have recognized also
contain alkanes. Cheron discloses removing CO from a generic gas or gas mixture. The examiner has
2
argued
the Cheron reference is not limited with respect to what type of gas or gas mixture can
be "decarbonated"; ... therefore, Cheron is presumed to be an enabling teaching for the
removal of CO from any gas, including an olefin-containing one, and therefore is
2
reasonably pertinent to the problem of CO removal reported in the HP excerpt. (Ans.
2
page 15, paragraph five)
Page 15
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