Ex Parte MENYES et al - Page 5




          Appeal No. 2002-1933                                                        
          Application 09/331,417                                                      


          page 1, lines 10-30).                                                       
               The appellants argue that the processes of Kelly and GB ‘657           
          do not react a raw C5 fraction but, rather, require purified                
          monoolefin feeds (brief, pages 8 and 10; reply brief, pages 4-6).           
          This argument is not persuasive because, as discussed above, the            
          appellants’ claim 15 does not exclude a process in which the                
          hydrocarbon mixture is a mixture of cyclopentene and acyclic                
          monoolefins which have been isolated from a C5 fraction.                    
               Accordingly, we conclude that the process claimed in the               
          appellants’ claim 15 would have been obvious to one of ordinary             
          skill in the art within the meaning of 35 U.S.C. § 103.                     
                                      DECISION                                        
               The rejections under 35 U.S.C. § 103 of claims 15-19, 22-24            
          and 26-28 over Kelly in view of the appellants’ admitted prior              
          art, and claims 15-23 and 25-28 over GB ‘657 in view of the                 
          appellants’ admitted prior art, are affirmed.                               










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