Appeal No. 2004-1800
Application No. 10/100,522
co-feed of Butter would function to reduce the aromatics and/or C8 and heavier
hydrocarbons products produced with a light olefin product in an amount below
what they would have been had the alcohol or ether not been employed. In other
words, while example 12 exhibits that water reduces the amount of aromatics
present in the product, there is no indication that the same results would have
occurred with an alcohol or ether co-feed.
The Ladwig reference was not cited for the purpose of establishing that the
inclusion of an alcohol or ether co-feed, for the purpose disclosed in Butter, would
also function as required by the claimed invention.
Under these circumstance, we cannot uphold the Examiner’s rejections under
35 U.S.C. § 103. Therefore, the rejection of claims 2, 3, 5-18 under § 103 are
reversed.
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