Appeal 2007-1943
Application 10/443,649
The method for producing a low sulfur and low polycyclic aromatic
hydrocarbon (PAH) petroleum pitch feedstock defined by Claim 1, and the
method by which a low sulfur petroleum pitch feedstock of Claim 11 is
produced, differ as follows:
1. In method of Claim 1, one skilled in the art is directed to
hydrotreat a supply of petroleum feedstock derived from crude oil having an
initial sulfur content of about 1 wt% or greater; and
2. In the method by which a low sulfur petroleum pitch feedstock of
Claim 11 is produced, one skilled in the art is directed to severely hydrotreat
a supply of petroleum feedstock derived from crude oil having an initial
sulfur content of about 2 wt% or greater.
We cannot determine from our comparison of the “severe”
hydrotreatment required by Claim 11 that the full scope of methods of
producing a low sulfur, low PAH petroleum pitch feedstock encompassed by
Claim 1 necessarily includes every limitation of the methods by which the
same low PAH, low sulfur petroleum pitch feedstock of Claim 11 are
produced. However, from our comparison of the common properties of the
low sulfur pitch feedstock of Claim 11 to the low sulfur and low PAH
petroleum pitch feedstock which is produced by the method of Claim 1, we
find that a low sulfur, low PAH petroleum pitch feedstock produced by the
method of Claim 1 reasonably appears at least in part to be the same or
substantially the same as low sulfur petroleum pitch feedstock within the
scope of Claim 11. As is apparent from dependent Claims 8 (dependent on
Claim 1) and 25 (dependent on Claim 11), low sulfur pitch feedstock
produced by the methods defined in Claims 1 and 11 have identical or
substantially identical properties.
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