Ex parte SENN et al. - Page 11



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



            process".  In our view, Senn provides no assistance in                    
            our ability to reasonably predict the outcome of adding                   
            Singleton's boron to its catalytic process.  Such a                       
            prediction is not made any easier by the general                          
            unpredictability of these types of catalytic processes.                   
                 Further weighing in favor of the nonobviouness of                    
            appellants' claimed invention is data from the                            
            specification (Tables I and II, pp. 15 and 18,                            
            respectively) put forward as evidence of unexpected                       
            results. The results show an increase in gasoline/light                   
            cycle oil yields when the claimed three-component                         
            passivating agent is employed.  It shows that, under                      
            certain circumstances, the use of zirconium, antimony and                 
            boron, yield higher combined gasoline/light cycle oil                     
            yields than when each is used separately or in                            
            combination of two passivating agents.  We see nothing in                 
            these results that would cast doubt on that conclusion                    
            and examiner has not raised any questions about it.                       
                 Consequently, given that the claimed process is                      
            narrowly limited to producing an increase in the combined                 
            yield of gasoline/light cycle oil, which is neither                       
            taught or suggested by the prior art combination nor                      

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