Appeal 96-0460
Application 08/150,303
metal, a Group VIB metal and oxygen, with more acidity
than a simple mixture of separately formed Group IVB
metal oxide mixed with a separately formed Group VIB
metal oxide or oxyanion.
4. The examiner has rejected claims 1-22 as being
unpatentable under 35 U.S.C. § 103 over Michelson, U.S. Patent
3,755,147 (1973).2
5. In the appeal brief (Paper 16, page 3),
applicants make the following argument:
The Group VIB metal on a zirconia carrier of
Michelson cannot possibly read on a Group IVB metal oxide
modified with an oxyanion of a Group VIB metal, as
claimed ***. As pointed out in the *** specification on
page 4 ***, the Group IVB metal oxide modified with an
oxyanion of a Group VIB metal is defined as being a
material which has more acidity than a single mixture of
separately formed Group IVB metal oxide mixed with a
separately formed Group VIB metal oxide or oxyanion.
6. In setting out the rejection under 35 U.S.C.
§ 103, the examiner has not told us why the subject matter of
the claims, as a whole, would have been obvious taking into
Michelson is prior art under 35 U.S.C. § 102(b).2
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