Ex Parte SKLEDAR et al - Page 8


          Appeal No. 2003-0808                                                        
          Application No. 09/343,334                                                  

               As to separately argued claims 10 through 12, the                      
          appellants correctly argue that “[n]either Sauer nor Wu teaches             
          or suggests hydrogenating prior to distilling and                           
          hydrogenating.”  (Appeal brief, page 15.)  The examiner does not            
          respond to this argument.  We therefore reverse this ground of              
          rejection as applied against claims 10 through 12.                          
                III. 35 U.S.C. § 103(a): Claims 1-4, 6-12, 26, and 28                 
                             over Cupples in View of Wu                               
               Cupples describes a method for preparing a polyalphaolefin             
          oligomer comprising the step of hydrogenating a liquid oligomer.            
          (Column 1, lines 11-16.)  Specifically, Cupples teaches (column             
          4, lines 4-27):                                                             
                    In our hydrogenation procedure, liquid oligomer                   
               at an elevated temperature is flowed or trickled over                  
               the surface of particles or pellets of the catalyst                    
               packed into a column in the presence of hydrogen at                    
               elevated pressure.  This procedure involves an                         
               exceptionally intimate contact of the total liquid                     
               oligomer with the catalyst for a substantial period of                 
               time, since substantially all of the oligomer is                       
               present as a thin liquid film on the catalyst as the                   
               oligomer passes through the column.  In this trickle-                  
               through procedure the great bulk of liquid oligomer is                 
               located on the catalyst surface with hydrogen gas                      
               predominating in the interstitial spaces between the                   
               pellets.  Therefore, there is no large bulk of the                     
               liquid oligomer far removed from catalyst surface at                   
               any time during the hydrogenation reaction.                            
                    The hydrogenation is preferably carried out at an                 
               elevated temperature of between about 100˚ C. to about                 
               300˚ C. and preferably between about 150˚ C. and about                 
               220˚ C., and a hydrogen pressure between about 200                     
               psi. and about 2,000 psi., or higher, and preferably                   
               between about 300 psi., and about 1,000 psi.  These                    

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