Ex parte RIEHM - Page 8




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


          by oxidation and reduction steps, it is the examiner's                      
          position that Yamasaki, who is also directed to the                         
          isomerization of a C  alkyl aromatic hydrocarbon-containing                 
                              8                                                       
          feedstock to produce paraxylene, evidences the obviousness of               
          appellant's catalyst activation procedure.  We are in total                 
          accord with the examiner's analysis of Yamasaki and the                     
          conclusion of obviousness based thereof.                                    
               Yamasaki, at column 7, lines 19-44, discloses activation               
          of the catalyst by first oxidizing it in an nitrogen                        
          atmosphere at a temperature preferably in the range of 200° to              
          600° C, which range totally encompasses the upper half of the               
          claimed increasing temperature range of from ambient up to                  
          480°C.  Also, the reference teaches that, prior to use, the                 
          catalyst is subjected to a reducing atmosphere of hydrogen at               
          a temperature preferably in the range of 250° to 550°C, which               
          temperature range also embraces the claimed temperature of                  
          340°C.  Moreover,                                                           





          Yamasaki discloses a regeneration, or re-activation, of the                 
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