Ex parte KRISHNA - Page 5




          Appeal No. 98-0552                                                          
          Application 08/357,567                                                      


                         of steam to oil existing at this                             
                         initial contact. [underlining                                
                         added for emphasis]                                          
                                                                                     
          Also, we note that the only split-feed embodiment exemplified               
          in Hettick is a process where the total feed is divided into                
          six equal streams so that the amount of oil added at the first              
          injection point is only about 17 volume percent of the total                
          feed.                                                                       
               In our view, Hettick’s explicit teachings regarding the                
          proportion of oil initially injected into the riser serve to                
          qualify the general statements of Hettick concerning                        
          optimization.  In other words, we agree with appellant that                 
          the Hettick disclosure, taken as a whole, would lead an                     
          ordinary artisan to conclude that optimization of the split-                
          feed FCC process requires delivery of a portion of the total                
          feed to the first or lowest injection point (the “initial                   
          contact” point) in an amount well below any of the ranges                   
          recited in the claims on appeal, and certainly not as much as               
          half or more of the total.                                                  
               While appellant also argues that examples in his                       
          specification demonstrate unexpected results, we find it                    
          unnecessary to consider the issue inasmuch as we have                       

                                          5                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007