Ex Parte Broekhoven et al - Page 2

                   Appeal 2007-2549                                                                                                 
                   Application 10/163,206                                                                                           
                   25, all of the claims pending in the Application.  We have jurisdiction under                                    
                   35 U.S.C. § 6(b).  We AFFIRM.                                                                                    
                           A. The invention                                                                                         
                           Appellants' invention is directed to a method for alkylating                                             
                   hydrocarbons to obtain alkylates, e.g., gasoline and/or gasoline constituents                                    
                   having a RON antiknock rating of 90 or higher.  Claim 1 is illustrative of the                                   
                   subject matter on appeal.                                                                                        
                                  1.  A process comprising (i) reacting an alkylatable                                              
                                  compound with an alkylation agent over a solid                                                    
                                  acid alkylation catalyst to form an alkylate, and (ii)                                            
                                  regenerating said catalyst under mild regeneration                                                
                                  conditions in the presence of hydrogen and                                                        
                                  hydrocarbon, wherein the hydrocarbon comprises                                                    
                                  at least a portion of the formed alkylate.                                                        
                           B. The rejections                                                                                        
                           The Examiner rejected claims 1-25 under 35 U.S.C. § 103(a).  The                                         
                   following prior art2 was relied upon by the Examiner:                                                            
                           Holmes   US 3,976,713  Aug. 24, 1976                                                                     
                           Van Broekhoven  WO 98/23560  Jun. 4, 1998                                                                
                           He (Yigong)   EP 1,070,694 A1  Jan. 24, 2001                                                             
                           Both Appellants and the Examiner have referred to Van Broekhoven                                         
                   and He as Broekhoven and Yigong, respectively, in their Brief3 and                                               
                   Answer.4  This decision will refer to the references as Broekhoven and                                           
                   Yigong for consistency.  Holmes, Broekhoven and Yigong qualify as prior                                          
                   art under 35 U.S.C. § 102(b).                                                                                    

                                                                                                                                   
                   2 No references to et al. are made in this opinion.                                                              
                   3 Substitute Brief on Appeal (hereinafter "Br.") filed 6 October 2006.                                           
                   4 Examiner's Answer (hereinafter "Answer") mailed 1 December 2006.                                               

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