Ex parte COLLINS et al. - Page 3




          Appeal No. 94-2410                                                          
          Application 08/011,573                                                      


          crystalline aluminosilicate zeolite having an alpha value below             
          about 10 (brief, pages 2-6).                                                
               Chloupek discloses a process for disproportionating                    
          paraffinic hydrocarbons with an acidic, crystalline                         
          aluminosilicate catalyst (abstract).  The catalyst is described             
          as “highly acidic” (column 1, lines 10-11, and column 2, lines 5-           
          6), but the alpha value is never mentioned.                                 
               Morrison discloses a process for disproportionating propane            
          by contact with a catalyst comprising a crystalline zeolite                 
          having a silica-to-alumina ratio of at least 12, a Constraint               
          Index of 1 to 12 (column 1, lines 47-53), and a high acid                   
          activity as measured by a high alpha value (see the “alpha test”            
          at column 6, lines 11-21).  No specific alpha values are                    
          disclosed by the Morrison reference.                                        
               Harandi, which incorporates Morrison by reference (see                 
          column 1, lines 66-67), discloses two disproportionation                    
          reactions, one for propane and one for butane.  Both reactions              
          use medium pore zeolite catalysts (column 3, lines 27-36) with              
          the same silica-to-alumina and Constraint Index limitations as              
          taught by Morrison.  There is no disclosure of alpha values.                
               It is well settled that the examiner bears the initial                 
          burden of presenting a prima facie case of obviousness based on             

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