Ex Parte Broekhoven et al - Page 3

                   Appeal 2007-2549                                                                                                 
                   Application 10/163,206                                                                                           
                           The rejections on appeal are:  Claims 1-14 and 20-25 stand rejected                                      
                   under 35 U.S.C. § 103(a) as obvious over Broekhoven in view of Yigong.                                           
                   Claims 15-19 stand rejected under 35 U.S.C. § 103(a) as obvious over                                             
                   Broekhoven in view of Yigong, as applied to claims 1 and 2, and further in                                       
                   view of Holmes.                                                                                                  
                           Appellants have not argued any of claims 1-25 as separately                                              
                   patentable inventions (Br. 3-6).  Therefore, we decide this appeal on the                                        
                   basis of claim 1, the only independent claim involved in the appeal.  37 CFR                                     
                   § 43.37(c)(1)(v).                                                                                                
                   II. Findings of Fact (FF)                                                                                        
                           The following findings of fact are supported by a preponderance of                                       
                   the evidence of record. To the extent any "finding of fact" is a conclusion of                                   
                   law, it should be so treated.                                                                                    
                           A. Appellants' specification                                                                             
                    [1] The specification describes 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 the                                       
                           catalyst under mild regeneration conditions in the presence of                                           
                           hydrogen and a hydrocarbon which comprises at least a portion of the                                     
                           formed alkylate (Specification 3:1-7).                                                                   
                    [2] Preferred alkylatable compounds are isoalkanes having 4-10 carbon                                           
                           atoms, e.g., isobutane, isopentane, isohexane or mixtures thereof                                        
                           (Specification 13:1-3).                                                                                  
                    [3] Preferred alkylation agents are olefins having 2-10 carbon atoms, e.g.,                                     
                           propene, butene or pentene (Specification 13:5-7).                                                       



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