Appeal No. 1998-0558 Application No. 08/564,942 appellant's claims presently on appeal do not preclude such processes, i.e., the claims are sufficiently broad to encompass them. Appellant also contends that Yamasaki "teaches away from the use of platinum with the zeolite base in order to prevent severe operating conditions which would require increased regeneration of the catalyst" (page 11 of the principal brief, first sentence.) However, as noted by the examiner, this argument is not germane to the claimed subject matter inasmuch as independent claims 23 and 32 broadly define "a catalyst", and claim 2 recites Group VIII metal components which includes both palladium and platinum. Appellant also maintains that Yamasaki "expressly teaches away from the isomerization of ethylbenzene and, in contrast to the invention, promotes the de-ethylation of the ethylbenzene component of the hydrocarbon feedstock." (page 12 of principal brief, lines 4-6). Again, this argument is not germane to the subject matter on appeal since, as noted above, not one of the appealed claims requires the isomerization of ethylbenzene. The appealed claims broadly define a process 10Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007