Appeal No. 2006-3273 Page 5
Application No. 09/858,188
At column 6, lines 66-68 Townsend described “one preferred variation of this
embodiment” wherein the “total aromatics of the reformulated gasoline is in the
range of about 12 to about 22 volume percent.” Several other variations of the
embodiment are set forth in column 7, lines 1-40 of Townsend. While the
examiner recognizes the variations at column 7, lines 1-26, the examiner fails to
appreciate that these variations are of the embodiment of Townsend’s invention
disclosed in column 6, lines 66-68, wherein the olefin concentration is taught to
be “in the range of about 4 to about 10 volume percent.” Nowhere in this
embodiment or in the disclosed variations of these embodiment does Townsend
teach that the olefin concentration can be greater than about 15%. Accordingly,
we disagree with the examiner’s assertion that based on Townsend’s disclosure
at column 7, lines 1-26 and 41-45, Townsend contemplated “compositions
comprising ‘an olefin[ ] content of greater than about 15 volume percent.’”
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