Ex Parte SCHWAB et al - Page 1



                            The opinion in support of the decision being entered today was not written                     
                                    for publication and is not binding precedent of the Board.                             

                                                                                              Paper No. 15                 

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                            Ex parte PETER SCHWAB and                                                      
                                                  MICHAEL SCHULZ                                                           
                                                      ___________                                                          
                                                 Appeal No. 2001-1693                                                      
                                              Application No. 09/168,099                                                   
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
              Before GARRIS, WALTZ, and DELMENDO, Administrative Patent Judges.                                            
              GARRIS, Administrative Patent Judge.                                                                         
                                                DECISION ON APPEAL                                                         
                     This is a decision on an appeal from the final rejection of claims 2, 4, 5, and 7-11                  
              and from the refusal of the examiner to allow claims 3 and 12 as amended subsequent                          
              to the final rejection.  These are all of the claims remaining in the application.                           
                     The subject matter on appeal relates to a process for preparing propene by                            
              (a) reaction of 1-butene, 2-butene and isobutene to give propene, 2-pentene and                              
              2-methyl-2 butene, (b) separation of the propene from the product mixture formed in (a)                      
              thereby leaving a mixture of 2-pentene and 2-methyl-2-butene, (c) reaction of this last                      
              mentioned mixture with ethene to give propene, 1-butene and isobutene, (d) separation                        






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