Ex parte RAO et al. - Page 3




                 Appeal No. 1998-2623                                                                                                                   
                 Application No. 08/677,062                                                                                                             


                          According to appellants, the invention is directed to                                                                         
                 multiphase catalyst compositions consisting essentially of                                                                             
                 chromium fluoride and a crystalline fluoride of one or more                                                                            
                 specific metals where the atom percent of chromium is at least                                                                         
                 equal to the atom percent of the crystalline metal fluoride                                                                            
                 and the phases of the crystalline fluorides are homogeneously                                                                          
                 dispersed with phases of chromium fluoride (Brief, page 2).  A                                                                         
                 copy of illustrative claim 3 is attached as an Appendix to                                                                             
                 this decision.                                                                                                                         
                          The examiner has relied upon the following reference in                                                                       
                 support of the rejections:                                                                                                             
                 Fiske et al. (Fiske)          4,147,733          Apr. 3, 1979                                                                          
                          Appellants rely upon the following reference in rebuttal                                                                      
                 of the examiner’s rejections:                                                                                                          
                 Schwarz et al. (Schwarz), “Methods for Preparation of                                                                                  
                 Catalytic Materials,” 95 Chem. Rev., no. 3, 477-510 (American                                                                          
                 Chemical Society, 1995).                                                                                                               
                          Claims 2-3 and 10-11 stand rejected under 35 U.S.C. §                                                                         
                 102(e) as anticipated by or, in the alternative, under 35                                                                              
                 U.S.C. § 103(a) as unpatentable over Fiske (Answer, page 3).                                                1                          

                          1The examiner incorrectly denominates the sole reference                                                                      
                 as “Fisk” throughout the Final Rejection and the Answer.  In                                                                           
                                                                           3                                                                            





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