Appeal No. 2001-0175
Application No. 08/857,585
accord with the disclosure at page 11 of the specification.
Also, the appealed claims do not recite any value for BET.
Appellants' only argument regarding Inoue is that the
reference "does not teach or suggest the need to control both the
Si/Al ratio and the alkali metal content in the zeolite to give
effective results for appellants' intended use" (page 12 of
principal brief). Again, we do not find that this argument is
relevant to the presently claimed subject matter. Appellants are
not claiming any process of controlling the silica/alumina ratio
or the alkali metal content, and no intended use is recited.
Moreover, Inoue's teaching of having a silica/alumina mole ratio
of not less than 20 would suggest controlling the ratio. Also,
appellants acknowledge that Eberly describes an alkali metal
content in the claimed amount (see page 11 of the principal
brief, first paragraph). Also, appellants state that they "agree
with the Examiner that the primary reference [Kawabata] teaches a
possible inclusion of an alkali metal in zeolite" (page 13 of
principal brief, last paragraph).
Appellants contend that the Declaration of Ms. Naomi Noda,
as well as the Table at page 22 of the specification, establish
patentability insofar as they demonstrate insufficient thermal
stability for a zeolite having a Si/Al ratio of 25, which is
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