Appeal No. 96-2808
Application 08/102,708
REJECTION UNDER 35 U.S.C. § 103
The examiner rejected claims 21-26, 29-31, 38 and 39 under 35 U.S.C. § 103 as being
unpatentable over Bruderreck in view of Leum, appellants’ admission of the state of the art, and Buc. The
admission referred to by the examiner appears in the specification in the paragraph bridging pages 5 and
6 and at page 7, lines 24-32 and reads as follows:
The method of the invention comprises etherifying a thermochemical alkanol
mixture of at least C -C alcohols with alkenes to produce the mixed ether composition of
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the invention. The alkanol mixture can by synthesized from refinery streams such as still
bottoms, which normally require substantial amounts of processing to achieve a valuable
product, or which must be disposed of as hazardous waste. The method eliminates major
equipment needs and operating costs associated with purchasing, storage of intermediates,
waste management and refinery compliance with the CAA [Clean Air Act] and other
applicable regulations.
* * *
In order to produce a multiple boiling point ether gasoline component of the
present invention[,] a mixed alcohol is reacted with a stream of alkenes, preferably olefins
or dienes. The mixed alcohol component can be produced by Fisher-Trophs [sic, Fisher-
Tropsch] synthesis or via Syn-Gas techniques from hydrocarbon sources such as natural
gas, light napthas or even crude oil bottoms and residues, thereby providing the refiner with
additional benefits.
From this disclosure, the examiner made a finding that “appellant makes [sic, appellants make] admission
of record that Fisher-Trophs [sic, Fisher-Tropsch], synthesis or via Syn Gas techniques are old well-known
techniques conventionally used to derive alcohol mixtures from hydrocarbons.
Appellants do not dispute this finding, but argue that they have provided a new fuel formulation
“which takes advantage of the already existing capacity of the industry to make mixed alcohols (e.g. via the
syn-gas route) and using those mixed alcohols as feed stock for making that new fuel” (brief: p. 10).
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