Ex parte SEXTL et al. - Page 6




          Appeal No. 1997-1549                                                        
          Application No. 08/208,143                                                  


          the constituents in the impregnated cellular structure and                  
          preferably at a temperature at which any ability of the binder              
          to absorb water is successively reduced, e.g. at least 500-                 
          600EC” (page 3, lines 34-38).                                               
               Plank discloses a catalytic cracking catalyst made by                  
          mixing a finely divided aluminosilicate and a siliceous                     
          hydrogen such that the aluminosilicate is distributed                       
          throughout and held in suspension in a matrix of the siliceous              
          hydrogel and the mixture is thermally activated at                          
          approximately 500-1500EF (260-816EC) (col. 3, lines 30-40 and               
          54-67).                                                                     
               Appellants’ claim 1, which is the sole independent claim,              
          requires, inter alia, that the molded body has a breaking                   
          strength of 10-150 N.  Appellants argue that “[t]he Examiner                
          has pointed to nothing in the prior art which suggests that a               
          moulded body calcined at 850EC to 1100EC would have the                     
          breaking strength of 10 to 150 N” (brief, page 15).  The                    
          examiner argues as follows (answer, pages 12-13):                           
                    No distinction is seen between a temperature                      
               that is at least 500-600EC as set forth on page 3                      
               lines 36-38 of the Hakansson reference and a                           
               temperature ranging from 850 to 1100 EC as argued by                   

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