Appeal No. 96-2803
Application No. 08/255,542
significantly, Rehner discloses that “fundamental work”
established that “carcinogens present in high boiling
catalytic stocks are generally polynuclear aromatic compounds
which are either devoid of alkyl groups attached to the
aromatic nuclei or alternatively have a few low molecular
weight, alkyl groups attached to the nuclei.” See Rehner at
column 2, lines 3-9. As appellants point out, the examiner’s
contention that it would have been obvious to modify the
Rehner process by using olefin alkylating agents having three
to five carbon atoms in place of the described eight carbon
atom alkylating agents “because the similar structures of the
olefins would result in the expectation of products having
similar properties as Rehner” (answer, pages 5) represents an
unreasonable expectation which is “in the opposite direction”
from the Rehner’s teaching, i.e., that polynuclear aromatic
compounds having low molecular alkyl group moieties attached
to the aromatic nuclei are carcinogenic. Since none of the
“secondary references” remedy the basic and fundamental
deficiencies in Rehner, we are constrained to reverse the
stated rejections.
REVERSED
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