Appeal No. 96-0112
Application 07/877,913
"result effective variables". It has been consistently held that the optimization of result effective variables
is entirely within the skill of the ordinary routineer in the art. In re Boesch, 617 F.2d 272, 205 USPQ
215 (CCPA 1980). Moreover, there is evidence in the nature of U.S. Patent Number 4,419,221 to
Castagnos, Jr., et al. and an article by Hatch et al. (1981) (copies attached to this opinion) which
further underscores that the variables which appellants' have optimized by their computer simulation are
known to effect the product obtained, the yield and the distribution.
Specifically, Castagnos, Jr., et al. discloses a method for controlling a fluidized catalytic
cracking process to obtain a desired product distribution (column 1, lines 5 through 8). A hydrocarbon
feedstock is contacted with a catalyst in a reaction zone under conditions to convert the feedstock into
1) desired products and 2) coke on the surface of the catalyst particles (column 1,lines 15 through 22).
The reaction products and the spent catalyst are discharged to a separation zone where the catalyst and
reaction products are separated (column 1, lines 25 through 28). Yield of the desired products may be
controlled by selecting various reaction parameters such as the charge stock, the catalyst, the
temperature, the pressure, the catalyst-to-oil contact time, the catalyst-to-oil ratio, etcetera (column 1,
lines 56 through 61, emphasis added).
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