Appeal No. 2002-1933
Application 09/331,417
refining by cracking and fractional distillation to produce a C5
fraction”. The claim does not require that the C5 fraction is
the hydrocarbon mixture. The claim encompasses isolating5
cyclopentene and acyclic monoolefins from a C5 fraction and then
combining the cyclopentene and acyclic monoolefins to form the
hydrocarbon mixture. Interpreting the claim in the more narrow
manner argued by the appellants requires reading limitations from
the specification into the claim, which is improper. See In re
Prater, 415 F.2d 1393, 1405, 162 USPQ 541, 551 (CCPA 1969).
Rejections under 35 U.S.C. § 103
Kelly discloses a process for preparing acyclic polyenes,
which can be oligomers, by catalyzed metathesis reaction of
acyclic "-olefins, such as 1-pentene, with monocycloolefins,
such as cyclopentene (col. 1, lines 7-12; col. 1, line 28 -
col. 2, line 5).
GB ‘657 discloses a process for preparing acyclic polyene
oligomers by catalyzed metathesis reaction of cyclic olefins,
which can be cyclopentene, with acyclic olefins (page 1,
lines 44-56; page 2, lines 1-75).
The appellants acknowledge that it was known in the art to
steam crack petroleum to produce a C5 fraction and to isolate
cyclopentene and acyclic pentenes therefrom (specification,
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