Ex parte ADORNATO et al. - Page 3




                     Appeal No. 96-0112                                                                                                                                                
                     Application 07/877,913                                                                                                                                            


                     founded.  Accordingly, we will sustain the examiner’s § 103 rejection of claims 1 through 7, 9 through                                                            

                     15 and 18, but reverse the examiner’s § 103 rejection of claims 8, 16, 17, 19 and 20.  Our reasons for                                                            

                     this determination follow.                                                                                                                                        

                                As a preliminary matter, we note that appellants state that “[t]he claims do not stand or fall                                                         

                     together.”  See Brief, page 3.  However, appellants argue separately only appealed claims 8, 16, 17,                                                              
                     19 and 20 with a reasonable degree of specificity .  See Brief, pages 3, 5 and 6.  Accordingly, we have2                                                                                           

                     grouped the appealed claims as follows:                                                                                                                           

                                Group I - claims 1 through 7, 9 through 15 and 18; and                                                                                                 

                                Group II - claims 8, 16, 17, 19 and 20.                                                                                                                

                     The appealed claims in each group will stand or fall together with the broadest claim therein.  See 37                                                            

                     CFR 1.192(c)(5) (1993); now 37 CFR 1.192(c)(7)(1997); In re Nielson, 816 F.2d 1567, 1572,  2                                                                      

                     USPQ2d 1525, 1528 (Fed. Cir. 1987).                                                                                                                               

                                The claimed subject matter is directed to a catalytic cracking process for a hydrocarbon                                                               

                     feedstock containing non-distillable hydrocarbons.   See, e.g., claim 1.  The catalytic cracking process                                                          

                     involves cracking the hydrocarbon feedstock at particular reaction conditions in a riser reactor and                                                              

                                2Claim 18, unlike claims 8, 16, 17, 19 and 20, is not directed to using a particular quenching                                                         
                     fluid injection for producing the aspirating or educting effect within a riser reactor, which is responsible                                                      
                     for reducing pressure at the base of the riser reactor.  Note also that the mere reiteration of limitations                                                       
                     of claims 4 through 6 does not constitute a substantive separate argument that complies with the                                                                  
                     requirements of 37 CFR § 1.192(c)(5)(1993); now 37 CFR                                                                                                            
                     § 1.192(c)(7)(1997).                                                                                                                                              
                                                                                          3                                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007