Ex Parte BRIDGES et al - Page 7




          Appeal No. 2003-0172                                                        
          Application 09/810,801                                                      


          at the expense of the Wernicke ‘520 hydrotreating step, the                 
          yields of ethylene and propylene are increased by, respectively,            
          about 7 wt% and about 3 wt%.                                                
               The feedstock in the examples in the appellants’                       
          specification is different than that in the Wernicke ‘520                   
          examples.  The appellants’ feedstock is an Alaskan crude oil                
          having a hydrogen content of 13.2 wt% and a boiling range mostly            
          in the below 200ºC to 540ºC range, whereas the feedstock in the             
          Wernicke ‘520 examples is a gas oil having a hydrogen content of            
          13.13 wt% and a boiling range of 208ºC to 354ºC.  Even though               
          there is this difference in feedstocks, a comparison of the                 
          yields obtained by the appellants and Wernicke ‘520 is                      
          informative.  The appellants’ ranges of yields of ethylene and              
          propylene are, respectively, 19.3-20.4 wt% and 12.1-12.2 wt%.               
          These yields, obtained without a hydrotreating step, are                    
          comparable to the yields in the Wernicke ‘520 comparative                   
          example 1 which were obtained without a hydrotreating step, i.e.,           
          21.0 wt% and 12.2 wt%.  Thus, it reasonably appears that the                
          appellants have merely eliminated the hydrotreating step along              
          with its function of increasing olefin yield.  As indicated                 
          above, doing so would have been prima facie obvious to one of               
          ordinary skill in the art.  The appellants have not shown that,             

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