Ex Parte MERRILL et al - Page 13



          Appeal No. 2004-2118                                      Page 13           
          Application 09/329,502                                                      


          examiner’s § 103(a) rejection of claims 1, 4-6, 8 and 9 and                 
          further in view of the reasons set forth in the examiner’s                  
          answers.   Appellants additionally argue (brief, pages 11-13)               
          that Butler and West are not combinable since West requires the             
          same catalyst in both reactors.  However, as also explained                 
          above, appellants simply have not established that West is so               
          limited in terms of catalyst selection.  We note that Butler                
          teaches that the use of a liquid or gas phase in the alkylation             
          zone are alternatives at least for certain feedstocks and                   
          alkylating agents.  See, e.g., page 2, lines 10-12, page 3,                 
          lines 37-46 and page 4, lines 33-37 of Butler.  Moreover, Butler            
          teaches that the same or different catalysts may be employed in             
          the separate alkylation and transalkylation zones.  See, e.g.,              
          page 2, lines 39-42, and page 3, line 55 through page 4, line 7             
          of Butler.                                                                  
               With regard to appellants’ apparent reference to the subject           
          matter of claim 20 at page 13 of the brief, our disposition of              
          that claim and appellants’ separate comments relating thereto               
          follows from our disposition of the subject matter of claim 3, as           
          discussed above.                                                            







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