Ex parte SUBRAMANIAN et al. - Page 4




          Appeal No. 94-3479                                                          
          Application 07/917,261                                                      


          and neutral.  To obtain highly acidic alumina, appellants must              
          acidify commercially alumina with an acid.  Thus in reading the             
          claim, we must interpret appellants’ alumina as having a pHpzc              
          less than 3.0.                                                              
               Bearing in mind the proper construction of appellants’                 
          claims, we have reviewed the references.  Missing from the                  
          references is any teaching or suggestion that alumina catalyst              
          must be highly acidic.  Notwithstanding this, the Examiner urges            
          on page 7 of his Answer that the acidity of the alumina recited             
          in appellants’ claim 15 does not distinguish from the acidity of            
          Kintaichi’s catalyst comprising silica and alumina.  A fair                 
          reading of Kintaichi shows that Kintaichi recognizes that as he             
          increases the alumina content of his catalyst, its acidity                  
          increases, silica not being acidic.  This increase in acidity is            
          attributed to the presence of alumina.   Although Kintaichi                 
          recognizes that the acidity of the catalyst is one of the main              
          factors that determines catalytic activity, Kintaichi does not              
          contemplate the use of alumina other than that commercially                 
          available.  In other words, Kintaichi does not teach the use of a           
          highly acidic alumina having a pH  of less than 3.0.                        
                                           pzc                                        





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