Appeal No. 95-1437
Application 07/734,998
DECISION ON APPEAL
This is a decision on an appeal from the final rejection of
claims 31 through 35. The only other claims in the application,
which are claims 1 through 30, have been allowed.
The subject matter on appeal relates to a method of making a
catalytic composition which includes a particular support
material. This appealed subject matter is adequately illustrated
by independent claim 31 which reads as follows:
31. A method of making a catalytic composition comprising a
metal having hydrogenation-dehydrogenation functionality
supported on a support material, the method comprising
incorporating a metal having hydrogenation-dehydrogenation
functionality with a support material comprising a non-layered,
inorganic, porous crystalline phase material exhibiting, after
calcination, an X-ray diffraction pattern with at least one peak
having a relative intensity of 100 at a d-spacing greater than
about 18 D and having a benzene sorption capacity greater than
about 15 grams benzene per 100 grams of the material at 50 torr
and 25EC.
The following references are relied upon by the examiner as
evidence of obviousness:
Orkin 3,755,145 Aug. 28, 1973
Kennedy et al. (Kennedy) 4,983,273 Jan. 8, 1991
Claims 31 through 35 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Orkin or Kennedy. On page 3 of the
answer, the examiner expresses his basic position as follows:
The process of Orkin and Kennedy differ from the
claimed invention in that they do not teach the support
as recited in the appealed claims. However, it would
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