Appeal No. 1996-3423
Serial No. 08/314,471
590 F.2d 902, 909, 200 USPQ 504, 510 (CCPA 1979). In
fact, appellants explicitly admit that the subject matter2
of the preamble is taught in Senn, the primary reference.
That subject matter is:
a process for catalytically cracking a hydrocarbon-
containing oil feed in the presence of a zeolite
catalyst;
in which the oil feed contains nickel and vanadium; and,
in which antimony and zirconium compounds are added to
the oil feed in order to incorporate a certain amount
of these metals into the zeolite catalyst.
In accordance with the "improvement"-portion of the
claim, a boron compound is additionally introduced to the
oil feed so that a certain amount of it is incorporated
in the zeolite catalyst.
At the end of the claim we find another important
limitation: "thereby causing an increase of the combined
yield of gasoline and light cycle oil produced in said
process." This is something the prima facie case of
"The preamble states what is taught by a single reference (Senn; US2
Patent 5,378,349; cited to the USPTO)." Brief, sentence bridging pp. 3-
4.
4
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