Appeal No. 96-0394
Application 07/989,729
Claim 9 is representative of the subject matter on appeal
and reads as follows:
9. Solid superacid catalyst having acid strength H less
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than -18 and comprising Group VII metal or compounds thereof.
The references of record relied upon by the examiner are:
Tauster et al. (Tauster) 4,402,869 Sept. 6, 1983
Jones et al. (Jones) 4,650,781 Mar. 17, 1987
Claims 9 and 10 stand rejected under 35 U.S.C. § 103 as
unpatentable over either the Jones or the Tauster disclosure. We
reverse.
The examiner acknowledges that neither Jones nor Tauster
mentions forming a "superacid" catalyst having "an acidity factor
H < -18." See Answer, page 4. However, the examiner states
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(see Answer, page 4) that:
It would have been obvious at the time the
invention was made to a person having ordinary skill in
the art to which said subject matter pertains, to
follow the teachings of Jones/Tauster and obtain the
materials by the same process of impregnation and
calcination and call the material “superacid” and
express an intrinsic chemical property - the acidity
factor H < -18.
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