Ex parte RIEHM - Page 7




          Appeal No. 1998-0558                                                        
          Application No. 08/564,942                                                  


          invention as an improvement over the C  alkyl aromatic                      
                                                8                                     
          hydrocarbon isomerization disclosed by Riehm (page 3 of                     
          specification, lines 19-24) "by limiting the temperature of                 
          the reduction step in the activation of the catalyst to no                  
          more than 340 degrees celsius" to attain reduced xylene ring                
          loss during the process (page 3 of the specification, lines                 
          13-15).  Accordingly, appellant does not dispute the                        
          examiner's factual determination that Riehm, Berger and the                 
          admitted prior art teach a process for isomerizing C  alkyl-                
                                                              8                       
          aromatic hydrocarbons by contact with a hydrogenation-                      
          dehydrogenation catalyst comprising a Group VIII metal such as              
          palladium or platinum in the presence of hydrogen, as well as               
          separating the effluent from the reactor to hydrogen-rich and               
          hydrocarbon-rich fractions and recycling an                                 





          aromatic-rich fraction back to the isomerization zone.                      
          While the examiner recognizes that Riehm, Berger and the                    
          admitted prior art do not disclose appellant's activation of                
          the catalyst                                                                
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