Ex parte DALY et al. - Page 6

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

          From these teachings of Kaiser, it is clear that the acidic                 
          functionality that is neutralized by the alkali or alkaline                 
          earth compound results from the Group VIII metal admixed with               
          Group IB metal on the alumina support, i.e., the mixed metal                
          catalyst (see col. 2, ll. 14-15; col. 3, ll. 39-43).  Thus                  
          there is no teaching, motivation or suggestion in Kaiser to                 
          treat the alumina support per se with the neutralizing agent                
          to form the modified support required by part (a) of claim 1                
          on appeal.  The examiner has not pointed to any disclosure or               
          teachings in Kaiser or                                                      
          supplied convincing reasons that the support per se contains                
          acidic functionalities that must be neutralized or that                     
          pretreating the support with the neutralizing agent would                   
          subsequently neutralize the acidic functionalities present in               
          the later impregnation of Group VIII and IB catalyst metals.                
          Accordingly, the teachings of Kaiser do not support the                     
          examiner’s “obvious choice” position.  In re Gordon, 733 F.2d               
          900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984)(“The mere fact               
          that the prior art could be so modified would not have made                 
          the modification obvious unless the prior art suggested the                 
          desirability of the modification. [Citations omitted].”).                   


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