Ex Parte Karas et al - Page 7




          Appeal No. 2004-2019                                                        
          Application No. 10/301,441                                 Page 7           


               The claimed subject matter on appeal as represented by claim           
           14 is directed to “[a} method of separating impurities from a              
          MTBE process feed stream comprised of mainly of MTBE and                    
          containing a minor quantity of said impurities... with a solid              
          contact material consisting essentially of a solid large pore               
          zeolite and recovering a MTBE product stream reduced in content             
          of said impurities from the contact (emphasis added).”  The                 
          specification not only does not define the meaning of “mainly”              
          recited in claim 1, but also does  not preclude the presence of             
          components other than impurities and MTBE.  The specification at            
          page 2 states that:                                                         


              MTBE as produced commercially, for example...                          
               Illustrative of such impurities are water, methanol,                   
               acetone, methyl ethyl ketone (MEK), TBA, and the like.                 
               ..  Other materials which can be readily separated as                  
               by distillation such as diisobutylene may also be                      
               present and do not interfere with the separation of the                
               invention.  (Emphasis added).                                          

          Consistent with the specification, the claimed MTBE process feed            
          stream, by virtue of using the language “comprised” and                     
          “containing”, is open to the presence of components or materials            


               4 According to the appellants(Brief, page 3), “[t]he claims            
          presently on appeal stand or fall together.”                                







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