Ex parte ALAS et al. - Page 4




          Appeal No. 95-4762                                                          
          Application No. 08/086,885                                                  


          Opinion, each reference is considered individually, in                      
          combination with the others and to the claimed subject matter.              
          Of the four references relied upon by the examiner in                       
          his rejection, Cram and Pfizer are directed to well known                   
          methods for the formation of anhydrides.  Cram is a textbook                
          reference which teaches anhydride formation by heating an acid              
          with an acidic dehydrating agent such as phosphorous                        
          pentoxide.  There is no disclosure of clay catalyst present.                
          Pfizer discloses the formation of itaconic anhydride by                     
          dehydration of itaconic acid in the presence of sulfuric acid               
          or a monoalkali metal salt thereof.  There is likewise no                   
          disclosure of clay catalyst being present. We conclude that                 
          neither reference is relevant to the claimed subject matter                 
          other than providing background information.                                
          British Petroleum and McCabe appear to be the more                          
          relevant references.  British Petroleum discloses the instant               
          clays of appellants' invention.  See British Petroleum pages 2              
          and 3.  As disclosed therein a typical clay, montmorillonite,               
          comprises a central octahedral coordination layer sandwiched                
          between two tetrahedral layers as required by claim 1.  The                 


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