Appeal No. 2004-2019
Application No. 10/301,441 Page 11
Although Knifton further includes 10% cesium on the large pore
zeolite as indicated by the appellants at pages 4 and 5 of the
Brief, the claim language “consisting essentially of” does not
preclude the presence of cesium. As indicated supra, Knifton’s
large pore zeolite containing 10% cesium, like the appellants’
solid contact material, is useful for removing impurities, such
as organic acids and MeOH. On this record, the appellants simply
have not demonstrated that cesium materially affects the basic
and novel characteristics of the claimed solid contact material.
In re De Lajarte, 337 F.2d 870, 874, 143 USWPQ 256, 258 (CCPA
1964) (an applicant has the burden of showing that a component in
a reference would materially affect the basic and novel
characteristics of a claimed composition).
It follows that I would affirm the examiner’s Section 102
(b) rejection.
Even were we to interpret “mainly of MTBE” as requiring more
than 50% MTBE in the claimed process stream as urged or implied
by the majority opinion and the appellants, I find that Knifton
would have at least suggested using such process stream in the
process of Knifton. Although Knifton exemplifies feed streams
containing less than 50% MTBE, it does not foreclose one of
ordinary skill in the art from using its process to reduce
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