Appeal No: 1997-1820
Application No: 08/313,941
low phosphorus content carbon was commercially available at
the time of the invention. While Hassler teaches that low or
no phosphate content carbon was commercially available, it
does not teach that low or no phosphorus content carbon was
commercially available. Note that Richardson teaches that
phosphate ions are not toxic in catalysts.
The prior art does not contain a suggestion to modify
Miller by acid washing the carbon support portion of the
catalyst. While one skilled in the art would have been
motivated to select a low phosphorus content carbon for use in
manufacturing a catalyst, the examiner has not provided
sufficient evidence to show that low or no phosphorus content
carbon was commercially available at the time of the
invention.
Accordingly, the examiner's rejection of claims 1-13, 17-
20, and 24 is REVERSED.
The examiner rejects claims 21 and 23 as being
unpatentable over Miller, Richardson, Goleva, Hassler and
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