Appeal 2007-2739
Application 11/106,321
compounds to be an obvious alternative to Pepe’s cracking step, in view of
Berger’s teaching that those catalysts are not needed when the reaction
mixture is heated under the appropriate conditions. Because this conclusion
is based only on knowledge imparted by the references, we do not agree that
the rejection is improperly based on hindsight.
SUMMARY
Because we agree with the Examiner that claim 1 would have been
obvious to one of ordinary skill, we affirm the Examiner’s obviousness
rejection of that claim. Claims 3-20 fall with claim 1 because they were not
argued separately. 37 C.F.R. § 41.37(c)(1)(vii).
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
Ssc
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