Ex parte CHOU et al. - Page 5




          Appeal No. 1998-0556                                                        
          Application No. 08/367,418                                                  

          zeolite beta catalyst as suggested by LaPierre in place of the              
          zeolite catalysts disclosed by Ward because higher liquid and               
          lower gas yields result.”  From our perspective, however, this              
          obviousness conclusion is of highly questionable validity.                  
          This is because Ward dewaxes feedstock by a cracking mechanism              
          in which selectivity is enhanced via the addition of ammonia                
          whereas, in contrast, LaPierre dewaxes feedstock by                         
          isomerizing waxy paraffins “without substantial cracking” via               
          his zeolite beta catalyst.  Under these circumstances, the                  
          applied reference teachings would not have suggested replacing              
          the cracking catalyst in Ward’s process with the isomerization              
          catalyst of LaPierre particularly since the latter effects an               
          isomerization reaction without substantial cracking.  For                   
          analogous reasons, the applied references would not have                    
          provided the artisan with a reasonable expectation that the                 
          examiner’s proposed modification would be successful,                       
          particularly since the ammonia-addition step of Ward’s process              
          functions to enhance cracking selectivity whereas LaPierre’s                
          zeolite beta catalyst functions to isomerize without                        
          substantial cracking.                                                       



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