Ex Parte ABE et al - Page 5



          Appeal No. 2001-0175                                                        
          Application No. 08/857,585                                                  

          composition of the mixture always undergoing change" (page 7 of             
          principal brief, last paragraph).                                           
               We are not persuaded by appellants' argument inasmuch as we            
          agree with the examiner that Eberly is not confined to the field            
          of oil reforming.  As pointed out by the examiner, Eberly                   
          provides the general teaching that "[i]t has been found that for            
          general catalytic or adsorptive uses, the aluminosilicate                   
          zeolites having higher silica to alumina ratios will be preferred           
          due to their higher stability" (column 2, lines 39-42, emphasis             
          added).  Furthermore, appellants' argument is not particularly              
          germane to the claimed subject matter on appeal inasmuch as                 
          appellants' claims broadly define an adsorbent structure having             
          no specific utility, but are not directed to a process for                  
          adsorbing gas from an exhaust.                                              
               It is also pointed out by appellants that "the retention of            
          a high BET, that is, a specific surface area at a high                      
          temperature is also influenced by the alkali metal content of the           
          zeolite" (page 10 of principal brief, last paragraph).  However,            
          as explained by the examiner, the claimed alkali metal content of           
          0.1% by weight or less encompasses 0%.  Accordingly, the appealed           
          claims do not require any amount of alkali metal.  This is in               


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