Ex parte PETIT et al. - Page 7




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


             before drying contains all three components - the                                                    
             oxychlorination component, the bare support (not all of the                                          
             support surface is impregnated with limited amount of the                                            
             copper chloride solution), and the copper chloride solution                                          
             itself adhering to the support surface” (answer, page 5).  The                                       
             examiner apparently is of the view that as Cowfer’s cupric                                           
             chloride solution is slowly sprayed onto the support, some of                                        
             the cupric chloride solution which has contacted the support                                         
             impregnates some of the support particles, although Cowfer                                           
             does not mention such impregnation, and the impregnated                                              
             support is an oxychlorination catalyst.  Even if such                                                
             impregnation takes place, the examiner’s argument is deficient                                       
             in that the examiner has not established that such impregnated                                       
             support particles, before drying and calcining, can function                                         
             as an oxychlorination catalyst.  Cowfer indicates that an                                            
             oxychlorination catalyst is not formed until after drying and                                        
             calcining such that a solid catalyst is produced (col. 1,                                            
             lines 30-34; col. 2, lines 15-18).  At this point, no cupric                                         
             chloride solution, which must be present to meet the                                                 
             requirements of appellants’ claims, is present.                                                      
                    For the above reasons, we find that the examiner has not                                      
                                                       -7-7                                                       





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