Ex Parte Kustov et al - Page 2



          Appeal No. 2006-0753                                                        
          Application No. 09/682,010                                                  

          as being directed to a non-elected invention.  We have                      
          jurisdiction pursuant to 35 U.S.C. § 134.                                   

                               APPEALED SUBJECT MATTER                                
               Claims 1, 3, 4 and 5 are representative of the subject                 
          matter on appeal1 and read as follows:                                      
               1.  A process for preparing a zeolite catalyst comprising:             
               (a) first, heating a zeolite at a first temperature in                 
          the range of 350 - 450°C in a first flowing gas for 4-6 h;                  
               (b) second, calcining the zeolite at second temperature                
          in the range of 450 - 1000°C for 1-3 hours in a continuous flow             
          of a second gas, wherein said second temperature is at least                
          100°C greater than said first temperature; and                              
               (c) third, cooling the zeolite catalyst to a temperature               
          of from 225 - 500°C.                                                        
               3.  A process according to claim 1, wherein the zeolite is a           
          high-silica pentasil zeolite.                                               
               4.  A process according to claim 3, wherein the high-silica            
          pentasil zeolite is an H-form of ZSM-5 zeolite with a Si/Al ratio           
          greater than 20.                                                            
               5.  A process according to claim 4, wherein the Si/Al ratio            
          ranges from 40 to 100.                                                      



               1 We limit our consideration to claims 1, 3, 4 and 5                   
          pursuant to 37 CFR § 41.37(c)(1)(vii)(2004). The appellants have            
          not separately argued the remaining claims on appeal.  See the              
          Brief and the Reply Brief in their entirety.                                
                                          2                                           




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