Appeal 2007-2549
Application 10/163,206
different system (Br. 4, ¶ 4). Specifically, Yigong uses solvent extraction to
dissolve coke precursors in order to regenerate catalyst while Broekhoven
uses saturated hydrocarbon to provide a vehicle for hydrogen in order to
regenerate catalyst (Br. 4, ¶¶ 2 and 4).
C. Discussion
Claim 1 requires (i) reacting an alkylatable compound, e.g., isobutane,
with an alkylation agent, e.g., butene, over a solid acid catalyst to form an
alkylate, e.g., a saturated C8 alkane, and (ii) regenerating the catalyst under
mild conditions in the presence of hydrogen and a hydrocarbon which
comprises the same kind of saturated alkylate as that formed during the
reaction process, e.g., a saturated C8 alkane. Appellants essentially argue
that, according to claim 1, the formed alkylate in the regeneration
hydrocarbon is not a foreign hydrocarbon that has been added to the open
process system. However, the broadest reasonable interpretation of claim 1
is not so limited (see e.g., FF 10 and FF 11). Thus, the Examiner correctly
found that Broekhoven only differed from the claimed invention in not
disclosing that the saturated hydrocarbon in the catalyst regeneration process
was the saturated C8 alkane product of the claimed alkylation reaction (FF
24).
Broekhoven broadly defined the saturated hydrocarbon in the
regeneration process as any linear, branched, and/or cyclic saturated
hydrocarbon(s) which are liquid or in the supercritical condition at
regeneration temperature and pressure (FF 21). As pointed out by the
Examiner, the alkylate product of the claimed process and the saturated
hydrocarbon in the regeneration process of Broekhoven are both saturated
hydrocarbons (Answer 5, ¶ 1). Moreover, Broekhoven suggests using a
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