Ex Parte MENYES et al - Page 3




          Appeal No. 2002-1933                                                        
          Application 09/331,417                                                      


                                       OPINION                                        
               We affirm the aforementioned rejections.                               
               The appellants state that the claims stand or fall together            
          as to each rejection (brief, pages 2-3).  We therefore limit our            
          discussion to one claim to which each rejection applies, i.e.,              
          claim 15, which is the sole independent claim.  See In re Ochiai,           
          71 F.3d 1565, 1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed. Cir.                 
          1995); 37 CFR § 1.192(c)(7)(1997).                                          
                                Claim interpretation                                  
               The appellants argue that their claim 15 requires that the             
          C5 fraction itself is the hydrocarbon mixture, and that the claim           
          excludes the hydrocarbon mixture being a mixture of cyclopentene            
          and acyclic monoolefins which have been isolated from a C5                  
          fraction (brief, pages 7-8; reply brief, page 3).                           
               The appellants’ specification includes “a hydrocarbon                  
          mixture termed C5 fraction” (page 1, lines 10-11) and “the C5               
          fraction being subjected to a metathesis reaction” (page 10,                
          lines 33-34).  The appellants’ claim 15, however, is broader than           
          the embodiment disclosed in the specification.  Claim 15 merely             
          requires that the hydrocarbon mixture contains at least                     
          5 wt% cyclopentene, contains acyclic monoolefins having a pentene           
          isomer content of at least 70 wt%, and “originates from petroleum           
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