Appeal 2007-2549
Application 10/163,206
saturated system hydrocarbon as the saturated hydrocarbon for catalyst
regeneration to avoid adding foreign material to the system (FF 22) and, as
the Examiner points out, the alkylated product of Broekhoven’s process is a
saturated hydrocarbon (FF 24). Therefore, Appellants' first argument does
not persuade us that the Examiner erred in his prima facie obviousness
analysis.
Second, as pointed out by the Examiner, Broekhoven and Yigong use
the same solid acid alkylation catalyst (Answer 6, ¶ 3). Yigong's suggestion
to use C8 saturated hydrocarbon to regenerate a solid acid alkylation catalyst
would have provided one of ordinary skill in the art with a reasonable
expectation of success using C8 saturated hydrocarbon (alkane product) to
regenerate the same catalyst in Broekhoven's alkylation process. Indeed,
Broekhoven broadly defined the saturated hydrocarbon for use in its
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). Moreover, Appellants have
not pointed to any evidence of record which establishes that the catalyst
regeneration solvents of Broekhoven and Yigong are distinct. Therefore, we
are not persuaded by Appellants' second argument that the Examiner erred in
his prima facie obviousness analysis.
Based on the foregoing, we affirm the rejections of claims 1-14 and
20-25 under § 103(a) as obvious over Broekhoven in view of Yigong and
claims 15-19 under § 103(a) as obvious over Broekhoven in view of Yigong,
as applied to claims 1 and 2, and further in view of Holmes.
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