Appeal No. 2004-2019
Application No. 10/301,441 Page 8
other than MTBE and impurities. See In re Baxter, 656 F.2d 679,
686-87, 210 USPQ 795, 802-03 (CCPA 1981)(“the term ‘comprises’
permits the inclusion of other steps, elements, or materials”);
In re Panagrossi, 277 F.2d 181, 185, 125 USPQ 410, 413 (CCPA
1960)(the term “containing” does not preclude the presence of
components not recited in claims). Also, according to page 717
of Webster’s II New Riverside University Dictionary (1994)
(attached herewith), the term “mainly”is defined as “[t]he
principal or most important part”. Further, the phrase “a solid
contact material consisting essentially of a solid large pore
zeolite” includes a solid large pore zeolite and any other
components which do not materially affect the basic and novel
characteristics of the claimed invention. In re Herz, 537 F.2d
549, 551-52, 190 USPQ 461, 463 (CCPA 1976).
The appellants do not dispute the examiner’s finding that
Knifton discloses treating a MTBE process stream containing,
inter alia, MTBE and impurities in the presence of a solid
contact material. Compare the Answer in its entirety with the
Brief in its entirety. Nor do the appellants argue that
Knifton’s MTBE process stream does not contain a minor quantity
of impurities. See the Brief in its entirety. The appellants
only argue that Knifton does not teach or suggest using a MTBE
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