Appeal 2007-2549
Application 10/163,206
formed alkylate" (emphasis added). The formed alkylate may be the alkylate
product of the alkylation reaction itself or an alkylate of the kind produced
by the alkylation reaction. Claim 1 does not require a specific source of the
formed alkylate or manner of introducing it into the regeneration
hydrocarbon. Claim 1 only requires that the same kind of alkane formed in
the alkylation step be used in the regeneration step. For example, alkylation
of isobutane with butene yields a C8 alkane product (FF 18). Therefore,
regeneration of the catalyst is required to occur in the presence of a
hydrocarbon comprising a C8 alkane and is open to any source or manner of
introducing the C8 alkane. For example, the C8 alkane might be introduced
by a separate feedline from a dedicated C8 alkane feedstock or by recycling
C8 alkane product containing effluent from the alkylation directly into the
catalytic regeneration system. This broad interpretation of claim 1 does not
not appear to be inconsistent with Appellants' specification (see FF 10 and
FF 11). In short, claim 1 does not require the recycled/residual alkane
product as the sole source of the formed alkylate used as the regeneration
hydrocarbon. Appellants could have amended claim 1 to recycle the formed
alkylate for use as the regeneration hydrocarbon, i.e., use a hydrocarbon
which was not new to the system to regenerate the catalyst, but they have
chosen to stick with the broader language.
IV. Obviousness
A claimed invention is not patentable if the subject matter of the
claimed invention would have been obvious to a person having ordinary skill
in the art at the time the invention was made. 35 U.S.C. § 103(a). KSR Int'l.
Co. v. Teleflex, Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007); Graham v.
John Deere Co. of Kansas City, 383 U.S. 1 (1966). Facts relevant to a
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013