Appeal 2007-2549
Application 10/163,206
[27] According to Yigong, the regeneration solvent can be selected from a
wide range of solvents, preferably at least one non-polar solvent, e.g.,
C4 ~ C20 saturated fatty hydrocarbons and aromatics, most preferably
C5 ~ C12 saturated fatty hydrocarbons, and/or at least one polar
solvent, e.g., alcohols, phenols, ethers, etc. (Yigong 4:15-20).
[28] For example, the regeneration step may comprise discharging the
alkylation feedstock from the reactor, flowing a N2 stream across the
catalyst bed, pumping a regeneration solvent of 50 wt % C8 and 50 wt
% C11 ~ C15 saturated alkanes into the reactor, and flowing a N2 stream
across the catalyst (Yigong 6:18-25).
[29] The Examiner found that the alkylation process described by Yigong
used a C8 alkane for regenerating catalyst in an alkylation process
similar to the alkylation process of Broekhoven (Answer 3, ¶ 1).
Other findings of fact follow below.
III. Claim Construction
“During patent examination the pending claims must be interpreted as
broadly as their terms reasonably allow.” In re Zletz, 893 F.2d 319, 321, 13
USPQ2d 1320, 1322 (Fed. Cir. 1989). “The reason is simply that during
patent prosecution when claims can be amended, ambiguities should be
recognized, scope and breadth of language explored, and clarification
imposed.” Id. “An essential purpose during patent examination is to fashion
claims that are precise, clear, correct, and unambiguous.” Id. 893 F.2d at
322, 13 USPQ2d at 1322. “Only in this way can uncertainties of claim scope
be removed, as much as possible, during the administrative process.” Id.
Here, claim 1 requires regeneration of a catalyst in the presence of a
hydrocarbon "wherein the hydrocarbon comprises at least a portion of the
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