Appeal No. 1998-0558
Application No. 08/564,942
catalyst which meets the presently claimed conditions of
activation (see Yamasaki at column 8, lines 64, et seq.,
particularly column 9, lines 66 - column 10, line 24).1
Yamasaki discloses that the oxidation step should include a
continuous raising of the temperature in step wise fashion,
and following the oxidation of palladium to palladium oxide,
the system is purged with nitrogen and the palladium oxide is
reduced to palladium with hydrogen gas at a temperature
preferably in the range of 300 to 500°C under atmospheric or
elevated pressure (column 11, lines 62 et seq.). Again,
Yamasaki's treatment conditions during reduction totally
encompass appellant's claimed temperature and pressure.
Accordingly, based on the teachings of the prior art, we find
that the examiner has established a prima facie case of
obviousness for the claimed subject matter.
Appellant points out at page 10 of the principal brief
that Yamasaki "discloses a process for the simultaneous
isomerization of xylenes and the de-ethylation of
ethylbenzene." However,
We find that the claimed activating step is not distinguishable from, i.e., reads1
on, regeneration or re-activation.
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