Appeal No. 2006-3273 Page 3
Application No. 09/858,188
• a 50% D-86 distillation point of less than about 180-210°F,
• a 90% D-86 distillation point of about 270-310°F,
• a Reid Vapor Pressure of about 6-8 psia; and
• at an oxygenate.
Regarding to the olefin concentration, the examiner finds (id.),
[i]t is preferred that the concentration of olefinic compounds is
reduced in the reformulated gasoline in an amount ranging from
about 10 to about 70 percent of the olefins in the unreformulated
gasoline, and in another variation, olefinic compounds’
concentration is more preferably reduced in the range of about 40
to about 60 percent . . . .
Directing attention to column 7, lines 1-26 of Townsend, the examiner
finds (Answer, page 5), the reference teaches
Component concentration ranges for their gasoline as follows:
Component General Vol. % Preferred Vol. %
Normal paraffins about 7 to about 12 about 8.5 to about 9.5
Isoparaffins about 35 to about 60 about 40 to about 55
Naphthenes about 6 to about 10 about 6.5 to about 8
Aromatics less than about 20
(i.e., 0 to less than about 20)
***Oygenate may be added in an amount to provide the
reformulated gasoline with an oxygen concentration in the range of
about 1 to about 4 percent by weight oxygen (column 7, lines 41-
45).
According to the examiner (Answer, page 6),
[s]ince the sum of normal paraffins, isoparaffins, naphthenes,
aromatics, oxygenates and olefins equals 100 volume percent, it is
clear that the composition taught by Townsend et al. are not limited
to olefin contents of “about 4 to about 10 volume percent” . . . .
Clearly Townsend et al. contemplate compositions comprising “an
olefins content of greater than about 15 volume percent.”
Based on this evidence the examiner concludes, “the claimed composition would
have been obvious to one having ordinary skill in the art.” Id. We disagree.
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