Ex parte KOURTAKIS et al. - Page 7





                    Appeal No. 1996-3493                                                                                                                                  
                    Application No. 08/451,697                                                                                                                            



                    a catalyst to be considered attrition resistant, the attrition ratio (AR)  should be less than or equal to2                                                           

                    about 3" (specification, page 15, lines 12-14).  Thus, in this case, the words “attrition resistant,” as                                              

                    specifically defined in the specification, are essential to point out the invention defined by the claims, i.e.,                                      

                    they breathe life and meaning to the claims.  Therefore, in this case, the preamble does limit the scope                                              

                    of the claims to a defined “attrition resistant” catalyst composition.  Thus, it follows that the examiner                                            

                    has failed to address all of the claim limitations.  In short, the examiner has not pointed out and we do                                             

                    not find where Bergna, Abrams or Beck disclose or suggest catalysts having an attrition ratio less than                                               

                    or equal to 3, i.e., “attrition resistant” as explicitly defined in the specification.                                                                

                              Secondly, viewing the invention as a whole, we find that neither Bergna, Abrams nor Beck                                                    

                    provide sufficient guidance or direction to enable one of ordinary skill in the art to select the particular                                          

                    combination of rho and/or chabazite acidic zeolites with only certain specific particulate binders to                                                 

                    provide a catalyst composition having an attrition ratio less than or equal to 3 as defined in the                                                    



                              2  As set forth in the paragraph bridging pages 14-15 of the specification,                                                                 
                                        Attrition measurements are performed using an attrition mill which simulates particle                                             
                              attrition near the gas spargers of a fluidized bed.  A catalyst charge is loaded into a column fitted                                       
                              with a single 0.016" perforation.  Air flows through the perforation, fluidizes the catalyst bed, and                                       
                              causes attrition.  For most measurements, the constant air flow through the mill is calibrated to                                           
                              yield a linear velocity of 760 ft/s through the orifice; this compares to a typical velocity of 150 ft/s                                    
                              in a commercial fuel spargers.  The attrition mill measurement accelerates attrition by a factor of                                         
                              roughly thirty.  A 24 hour attrition measurement is a reliable indicator of attrition in a commercial                                       
                              reactor.  Attrited fines (i.e., those particles lower than 20 micrometers in diameter) are collected in                                     
                              an overhead flask which is fitted with a porous thimble.  Flask weight, recorded as a function of                                           
                              time, is used to calculate attrition.  The determination of attrition is calculated as an attrition ratio,                                  
                              AR:  catalyst attrition divided by the attrition rate of a fluid cracking catalyst standard (FCC).  The                                     
                              FCC standard is supplied by Davison Chemical, Baltimore Maryland (SMR-5-5209-0293).                                                         
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