Appeal No: 1997-1820
Application No: 08/313,941
7 8
"further in view of" Kellner et al (Kellner) , Cheminal , and
Morikawa et al. (Morikawa) . 9
According to the examiner, Kellner, Cheminal and Morikawa
teach the use of rhenium, ruthenium, and nickel catalysts
supported on carbon for use in hydrogenolysis reactions where
chlorine is replaced with hydrogen. The examiner does not
state that these references contain any teachings regarding
the inorganic content of carbon in a catalyst. According to
the examiner the references are cited because they would have
suggested modifying the process of Miller by substituting
rhenium, ruthenium, or nickel for the metal component of the
Miller catalyst (Paper 32 at 6).
Both claim 21 (which depends on claim 1) and claim 23
require the catalyst of claim 1. Since the prior art cited by
the examiner does not teach or suggest the claim 1 catalyst,
the examiner's rejection of claims 21 and 23 is also REVERSED.
7 WO 90/08748, published 9 August 1990.
8 US Patent 5,053,564, issued 1 October 1991.
9 WO 90/08753, published 9 August 1990.
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