Ex parte RIEHM - Page 10




          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                 
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