Ex Parte Groten - Page 6



          Appeal No. 2005-0766                                                        
          Application No. 09/877,277                                                  

          Gildert’s disclosure in lines 13-57 of column 6 and with                    
          Podrebarac’s disclosure in lines 1-34 in column 6.                          
               These many commonalities support the examiner’s inherency              
          position.  This position is particularly supported by the fact              
          that the feed and products, especially the light naphtha overhead           
          product, of the first distillation column reactor in the here               
          claimed and prior art processes are all the same.  This is                  
          because the appellant does not explain and we do not                        
          independently perceive how the prior art processes can react the            
          same feedstocks to yield the same products without involving the            
          same reactions as the appellant’s claimed process.                          
               In this last mentioned regard, the appellant contends that             
          the conditions of the Podrebarac and Gildert processes are too              
          harsh to permit the reactions recited in appealed claim 1(b)(i)             
          and (ii).  In support of this argument, the appellant refers to             
          the temperature ranges disclosed in his specification for the               
          upper and lower distillation zones of the here claimed first                
          distillation column reactor.  However, this specification                   
          disclosure (i.e., see lines 6-11 on page 11) does not teach or              
          even suggest that temperatures outside these ranges would prevent           
          the reactions under consideration from ocurring.  Further, it is            
          significant that the lower zone temperature range overlaps the              
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