Appeal No. 1996-3674
Application No. 08/451,826
teaches that the amount of binder ... can also be varied,” it “would have been obvious to one of
ordinary skill in the art at the time the invention was made to select the portion of the prior art’s range
which is within the range of applicant’s claims” (answer, paragraph
bridging pages 3-4). According to the examiner, since “spray drying catalyst particles of zeolite and
matrix material is a technique well known in the art that is used to dry and form zeolite catalyst
particles,” its use in the process of Bergna would have been obvious (answer, page 4, first full
paragraph). The examiner further concluded that it would have been obvious to one of ordinary skill in
the art to use the specifically claimed binders with the catalysts of Bergna “because of the art
recognized functional equivalency of the components taught by Bergna et al. and Beck et al. (i.e. a
matrix material for use with a zeolite catalyst in order to improve heat resistance to the catalyst)”
(answer, paragraph bridging pages 4-5). Moreover, “the art recognized functional equivalence of the
matrices taught by Bergna et al. and Abrams et al. would provide motivation to one of ordinary skill in
the art to have used the alumina [matrix material] in the process of Bergna et al. as claimed” (answer,
page 5, first paragraph). Finally, given that THE CONDENSED CHEMICAL DICTIONARY
teaches that smaller particle sizes result in greater reaction efficiency, it would have been both within
routine skill and obvious to the skilled artisan “to determine and create the optimum or workable
particle sizes” (answer, page 6, second paragraph).
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