Appeal No. 2004-2019
Application No. 10/301,441 Page 4
minor amount of MTBE.3 See, e.g. Table IV of Knifton, wherein
the total impurity content of the treated MTBE stream is greater
than the content of MTBE in the stream. At best, Table IV of
Knifton shows that in treating a starting material that comprises
mainly impurities at 71 hours on stream, a product with the same
content of MTBE (42.8 %) is obtained, not a purer product
containing increased amounts of MTBE. Consequently, we agree
with appellants that Knifton does not describe treating an MTBE
stream comprised mainly of MTBE as claimed herein to reduce
impurities content therein. It follows that we cannot sustain
the examiner’s anticipation rejection on this record.
Because the examiner has not otherwise explained how Knifton
would have suggested the claimed subject matter, including
treating an MTBE stream comprised mainly of MTBE by contact with
a solid large pore zeolite to reduce the impurities content of
that stream, we will also reverse the examiner’s § 103(a)
rejection, on this record.
3 At page 2, lines 22 and 23 of appellants’ specification,
appellants specifically list, inter alia, methanol and tertiary
butyl alcohol (t-butanol) as illustrative impurities normally
associated with MTBE.
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