Appeal No. 2004-2019
Application No. 10/301,441 Page 10
stream. Even if such amount is not deemed to be the principal
amount, certainly, MTBE is the “most important part” of the feed
stream compared to any other components therein as indicated by
Knifton. Morris, 127 F.3d at 1055-56, 44 USPQ2d at 1028-29
(“[a]bsent an expressed definition in their specification, the
fact that appellants can point to definitions or usages that
confirm to their interpretation does not make the PTO’s
definition unreasonable when the PTO can point to their sources
that support its interpretation”).
Second, contrary to the appellants’ argument at page 4 of
the Brief, Knifton’s Table IV shows that at 72 hours, MeOH (an
oxygen impurity) and organic acids are reduced as required by the
claims on appeal. Although the solid contact material is shown
to gradually deactivate with time, especially in regard to
reducing organic acids (as is apparent from the pH levels of the
feed stream at different times), there is no doubt that MeOH and
organic acids are removed. Contrary to the majority’s position,
claim 1 does not require that the concentration of MTBE be
increased. It only requires separation or reduction of some
impurities.
Third, as acknowledged by the appellants at page 5 of the
Brief, Knifton exemplifies a large pore zeolite in Table IV.
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