Ex parte BERTUS et al. - Page 3




          Appeal No. 1999-1252                                                        
          Application No. 08/648,520                                                  



               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        

          Corneil et al. (Corneil)      2,575,258                Nov. 13,             
          1951                                                                        
          Suggitt et al.      (Suggitt)      4,013,546                Mar.            
          22, 1977                                                                    
          Cimbalo et al. (Cimbalo), “Deposited metals poison FCC                      
          catalyst,” Oil & Gas Journal, Vol. 70, No. 20, pp. 112-122,                 
          1979                                                                        
               Claims 1 through 4, 9, 10, 12 through 15, 17 through 27,               
          29 through 39, 42 through 52 and 54 through 71 are rejected                 
          under 35 U.S.C. § 103 as being unpatentable over Suggitt, and               
          claims 11 and 53 are correspondingly rejected over Suggitt in               
          view of Corneil.                                                            
               All of the claims on appeal are also rejected under 35                 
          U.S.C. § 103 as being unpatentable over Corneil in view of                  
          Suggitt and Cimbalo.                                                        
               Finally, all appealed claims are provisionally rejected                
          under the doctrine of obviousness-type double patenting over                
          the claims of copending application Serial No. 08/648,236.                  
                                       OPINION                                        
               Having carefully studied the record before us on this                  

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