Ex parte DALY et al. - Page 3

          Appeal No. 1997-0183                                                        
          Application 08/206,623                                                      

               The examiner finds that Kaiser discloses a catalytic                   
          composition which comprises a Group VIII metal and a Group IB               
          metal deposited on an alumina support with a subsequent                     
          treatment of the support with an alkali or alkaline earth                   
          metal salt                                                                  
          (Answer, page 3).  The examiner concedes that Kaiser “does not              
          teach the pretreatment of the support with alkali or alkaline               
          earth metal compounds prior to impregnating the support with                
          Group VIII and IB metals.” (Id.).                                           
               The examiner states that the “dispositive issue” in this               
          case is whether the post-impregnation of the Kaiser support                 
          with alkali and alkaline earth metal compounds renders obvious              
          the subject matter of the claims on appeal (Id.).  The                      
          examiner states that there is “no dispute” about the teachings              
          of Kaiser but it is the examiner’s position “that a person of               
          ordinary skill would have been motivated to treat the support               
          with the alkali metal before the impregnation of such support               
          with the catalytic metals since any acidic properties would                 
          have been inherently neutralized as the catalytic impregnation              
          step progresses.”  (Answer, page 4, emphasis added).  The                   
          examiner further states that “such preimpregnation of the                   


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