Ex parte SENN et al. - Page 10



            Appeal No. 1996-3423                                                      
            Serial No. 08/314,471                                                     



            incorporated in an even more complicated process like                     
            that of Senn where there are two other passivating                        
            agents.  It makes it very difficult to predict the                        
            outcome the combined gasoline/light cycle oil yield.                      
                 Our ability to predict the combined gasoline/light                   
            cycle oil yield from the addition of boron is not made                    
            easier by Senn, which does disclose yields of gasoline                    
            and light cycle oil.  Yields are disclosed for catalyst                   
            additives zirconium, antimony and tungsten and                            
            combinations of zirconium/antimony and antimony/tungsten                  
            (see Tables I, II, and III, columns 9-12) but, again, the                 
            increase in yield is not merely the result of combining                   
            passivating agents.  For instance, Catalyst H with 800                    
            ppm antimony and 600 ppm zirconium (Table II) has a                       
            combined yield of 65.8, the same yield obtained by                        
            Catalyst A (Table I) with 4800 ppm antimony.  This                        
            suggests that the amount of a passivating agent is a                      
            factor to be considered when seeking to obtain an                         
            increase in the combined yield.  It is this and other                     
            factors which are embodied in the claims through the                      
            phrase: "thereby causing an increase of the combined                      
            yield of gasoline and light cycle oil produced in said                    

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