Ex parte MILLER - Page 2





                 Appeal No. 97-0268                                                                                                                     
                 Application No. 07/991,872                                                                                                             

                          The subject matter on appeal relates to a dehydrogenation                                                                     
                 catalyst which comprises an intermediate pore size zeolite                                                                             
                 having a silica to alumina mole ratio of a least 30 and less                                                                           
                 than 500. Further details of this appealed subject matter are                                                                          
                 set forth in representative independent claim 32 which reads                                                                           
                 as follows:                                                                                                                            
                          32.               A dehydrogenation catalyst which comprises:                                                                 
                          (a)  platinum or palladium;                                                                                                   
                          (b)  an intermediate pore size zeolite having a silica to                                                                     
                 alumina mole ratio of at least 30 and less than 500 and                                                                                
                 crystallite size less than 10 microns; and                                                                                             
                          (c)  an alkali content wherein the alkali to                                                                                  
                 aluminum ratio in the zeolite is between about 1 and                                                                                   
                 about 5 on a molar basis.                                                                                                              
                          The reference relied upon by the examiner as                                                                                  
                 evidence of obviousness is:                                                                                                            
                 Miller et al. (Miller)                                5,169,813                  Dec. 8, 1992                                          

                          All the claims on appeal are rejected under 35                                                                                
                 U.S.C.                                                                                                                                 
                 § 103 as being unpatentable over Miller.2                                                                                              


                          2The appealed, claims will stand or fall together:  see                                                                       
                 page 3 of the brief and 37 CFR 1.192(c)(7)(1995).                                                                                      
                 Accordingly, we will focus upon claim 32, the sole independent                                                                         
                 claim before us, in assessing the merits of the examiner's                                                                             
                 rejection.                                                                                                                             
                                                                               2                                                                        




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