Appeal No. 95-4762
Application No. 08/086,885
Rather, it is cation exchanged with a metal salt which could
3+ 3+ 3+
include Al , Cr and Fe . See McCabe, page 356, column 1,
lines 4 - 11. In the "Experimental" section in column 1 of
McCabe, montmorillonite clay is cation exchanged using
aluminum chloride. We conclude that the presence of the
cation exchanged clay is a required component of McCabe's
disclosure, when clay is used as an anhydridation catalyst.
Our position is further supported by Scheme 1 disclosed in
column 1, lines 11, wherein McCabe discloses that the reaction
studies depicted in Scheme 1 require the presence of Al ion+3
containing clay catalyst.
We further conclude that McCabe's clay catalyst is not
the clay catalyst of the instant claimed invention. Claim 1
requires a hydrogen ion treated clay which has not been
treated with a metal salt. McCabe in contrast teaches a clay
which has been treated with metal salt and is not hydrogen ion
treated. Furthermore, there is no suggestion in McCabe for
the omission of the aluminum salt. Indeed, the entire thrust
of McCabe's disclosure is that the Al exchanged clay catalyst+3
is the central concept embodied by his disclosure. Therefore,
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