Ex Parte Powers et al - Page 4


                  Appeal No. 2004-1800                                                                                
                  Application No. 10/100,522                                                                          


                  or ether.  The oxygen containing hydrocarbon is added in an amount such that the                    
                  aromatics and/or C8 and heavier hydrocarbons products produced with the light                       
                  olefin product are reduced in an amount below what they would have been had the                     
                  oxygen containing compound not been employed.                                                       
                        According to the Examiner, Butter describes a process of converting a feed                    
                  containing olefins and/or paraffins which are co-fed with alcohol or ether                          
                  compounds.  The Examiner asserts that Butter does not discloses the purpose of the                  
                  alcohol or ether co feed.  Nonetheless, the Examiner asserts the alcohol or ether co-               
                  feed of Butter would function the same as the claimed invention.  (Answer, pp. 2-3).                
                        Contrary to the Examiner’s position, Butter discloses the purpose of the                      
                  alcohol or ether co-feed is to provide water vapor to maintain the activity of the                  
                  zeolite catalyst.  (Cols. 8-9).  Butter in example 12 exhibits the advantages of water              
                  present to dilute the hydrocarbon.  However, there is no disclosure that  alcohol or                
                  ether would be a suitable diluent for the hydrocarbon and provide the water vapor                   
                  discussed in columns 8 and 9 of the reference.                                                      
                        Appellants asserts that Butter does not describe a method of forming a light                  
                  olefin product by the catalytic cracking of a hydrocarbon.  Rather, Butter discloses                
                  the conversion of lower olefins to higher olefins.  (Brief, pp. 4-5).   The Examiner                
                  cites Butter’s example 14 as describing a hydrocarbon cracking process.   This                      

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