Appeal No. 2003-0808
Application No. 09/343,334
II. 35 U.S.C. § 103(a): Claims 1-8, 10-12, and 27
over Sauer in View of Wu
Sauer describes a method for producing a polyalphaolefin
(e.g., a polyalphaolefin based on C6-C16 alpha olefins)
comprising the step of hydrogenating the polyalphaolefin.
(Column 1, lines 50-57; column 6, lines 21.) Sauer further
teaches that a distillation step may precede the hydrogenation
step. (Column 8, lines 43-54.) Concerning the hydrogenation
step, Sauer teaches:
The hydrogenation of the polymers may be carried
out according to conventional procedures and with
conventional hydrogenation catalysts. It has been
found that polymers may be hydrogenated at pressures
ranging from 2000 to 3000 p.s.i. at temperatures
ranging between 350˚ F. and 450˚ F. employing either a
nickel-on-kieselguhr commercial hydrogenation catalyst
or a platinum dioxide commercial hydrogenation
catalyst. In general, reaction times of about 8 hours
have been used to insure complete hydrogenation of the
polymer. [Emphasis added.]
Given that Sauer ensures “complete hydrogenation,” it
reasonably appears that Sauer’s completely hydrogenated
polyalphaolefin would necessarily or inherently possess a level
of hydrogenation within the appellants’ range recited in
appealed claim 1. Thus, the burden of proof was on the
appellants to show that Sauer’s hydrogenated polyalphaolefin
would not necessarily or inherently possess the claimed
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