Ex parte PETIT et al. - Page 6




             Appeal No. 95-4216                                                                                   
             Application 08/035,076                                                                               


             the catalyst particles, which results in transfer, during                                            
             operation of the fluidized bed, of a portion of the cupric                                           
             chloride, particularly that which is concentrated on the                                             
             surfaces of the catalyst particles, to the bare support                                              
             particles (col. 3, lines 6-48).  The bare support particles                                          
             can be 5% to about 50% of the weight of the entire bed,                                              
             provided that the final copper content is not reduced below                                          
             about 2% (col. 4, lines 46-53).                                                                      
                    Regarding the preparation of the catalyst particles,                                          
             Cowfer states (col. 2, lines 9-19):                                                                  
                    Typically cupric chloride is dissolved in water, and                                          
                    the solution is slowly sprayed on the support with                                            
                    continuous mixing (or alternatively adding the                                                
                    support to the solution with mixing) followed by                                              
                    drying the wet subject until it is free flowing,                                              
                    calcining for a few hours at a temperature of about                                           
                    110EC., and screening to eliminate large particles.                                           
                    The supported catalyst is then ready for addition to                                          
                    the oxyhydrochlorination reactor to function as the                                           
                    fluidized catalyst bed.  The supported catalyst is                                            
                    prepared to contain from about 2 to 10 percent by                                             
                    weight copper.                                                                                
                                  Rejection under 35 U.S.C. § 102(b)                                              
                    The examiner, relying upon the above excerpt from Cowfer                                      
             (col. 2, lines 9-19) regarding the preparation of the catalyst                                       
             particles, argues that “[p]resumably, the catalyst composition                                       

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