Ex parte ALAS et al. - Page 5




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


          clay is hydrogen ion exchanged to provide a catalyst for                    
          carrying out proton catalyzed organic reactions.  British                   
          Petroleum states on page 4 that, "[h]ydrogen ion-exchanged                  
          layered clays may be used as catalysts in all organic                       
          reactions catalysed by protons." Notwithstanding that                       
          statement anhydration reactions are not disclosed, although                 
          numerous organic reactions are thereafter discussed in pages 4              
          through 11 and exemplified on pages 11 through 18 of the                    
          British Petroleum reference.  Accordingly, we find no                       
          suggestion in British Petroleum for the use of the acid                     
          exchanged clay catalyst in forming the anhydrides of the                    
          claimed invention.  We conclude that British Petroleum in and               
          of itself is insufficient to teach appellants' claimed                      
          process.                                                                    
          Neither do we find any suggestion for combining the                         
          teachings of McCabe and British Petroleum.  McCabe teaches                  
          clay catalysed cyclic anhydride formation.  However, in                     
          contrast to the claimed subject matter, the clay catalyst used              
          by McCabe is not treated with one or more compounds capable of              
          providing an H  ion, i.e., it is not hydrogen ion exchanged.+                                                             


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