Ex parte RIEHM - Page 1




                 The opinion in support of the decision being entered today           
                  (1) was not written for publication in a law journal and            
                        (2) is not binding precedent of the Board.                    
                                                            Paper No. 18              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte RODGER A. RIEHM                                
                                    _____________                                     
                                Appeal No. 1998-0558                                  
                               Application 08/564,942                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before KIMLIN, GARRIS and JEFFREY SMITH, Administrative Patent              
          Judges.                                                                     
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 2-5,              
          8, 23-26 and 30-34, all the claims remaining in the present                 
          application.  Claims 23 and 32 are illustrative:                            
               23.   A process for isomerizing a C  alkyl aromatic                    
                                                  8                                   
               hydrocarbon-containing feedstock comprising the                        
               steps of:                                                              
                    (a)  providing a catalyst including at                            
                    least one metal component;                                        
                    (b)  activating the catalyst by:                                  






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