Appeal No. 96-2479
Application No. 08/091,428
teaching[s] of the [Gladrow] patents overlap the teachings
instantly claimed" (answer, page 3). We recognize that each
of these references teaches a cracking catalyst comprising
ultrastable zeolite Y which may contain up to about 1 weight
percent of yttrium. However, there is simply no basis for
concluding that Gladrow's catalyst necessarily and inherently
contains yttrium and rare earth elements within the weight
percent ranges defined by appealed claim 1, namely, at least
0.1 weight percent yttrium and no more than about 0.02 weight
percent of rare earth elements.
Stated otherwise, the record before us reflects that the
aforementioned weight percent ranges defined by the
appellants' independent claim would be achieved only by the
deliberate manipulation of the yttrium content and the rare
earth elements content of Gladrow's catalyst (rather than by
the necessary and inherent presence of yttrium and rare earth
impurities that may coexist with this catalyst). As 3
correctly observed by the appellants and not contested by the
3Our position on this matter is reinforced by the
previously noted definition of "rare earth" which evinces that
yttrium is only separated with difficulty from rare earths.
4
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