Appeal No. 1996-3423
Serial No. 08/314,471
(examiner's answer, p. 8). In other words, examiner
takes the position that, in view of Singleton, an
increase in gasoline yield would be an expected result
from adding boron to the Senn process, and, since an
increase in gasoline yield would be expected, it follows
that a similar increase in combined gasoline and light
cycle oil product would also be expected.
We have carefully reviewed examiner's and
appellants' positions. On balance, for the following
reasons, we find that the evidence weighs in favor of
appellants' position.
Assuming arguendo that Singleton, indicates that
gasoline yield is increased, we do not find that the
reference teaches or suggests that the "combined gasoline
and light cycle oil" yield will also increase. There is
nothing in the reference that tells one way or another in
what direction this yield would go. It is not true, as
examiner has reasoned, that "because the Singleton
gasoline product yield increases with the inclusion of a
boron compound in the cracking process, it would be
expected that the combined yield of gasoline and light
cycle oil would also increase" (examiner's answer, top p.
8
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