Ex parte BERTUS et al. - Page 10




          Appeal No. 1999-2548                                                        
          Application No. 08/648,236                                                  

               Indeed, we agree with the appellants’ view that the                    
          teachings of Cimbalo militate against rather than for the                   
          examiner’s obviousness conclusion.  This is because Cimbalo                 
          teaches that contaminating metals lose their effectiveness                  
          more slowly on zeolitic catalysts of the type taught by                     
          Suggitt than on amorphous silica-alumina catalysts of the type              
          taught by Corneil (see the first full paragraph in the third                
          column on page 122 of Cimbalo).  This teaching would have                   
          suggested that Corneil’s process for reducing contaminating                 
          metals on amorphous silica-alumina catalysts might not be                   
          effective for reducing contaminating metals on zeolitic                     
          catalysts of the type taught by Suggitt.  Further, this                     
          suggestion of ineffectiveness would have been reinforced by                 
          Suggitt’s teaching that contaminating metals on his zeolitic                
          catalysts must be removed by a chlorination step even when                  
          previously subjected to a reducing atmosphere of the type used              
          by Corneil (see lines 9 through 27 in column 3 of Suggitt                   
          which disclose a pre-chlorination treatment with hydrogen                   
          and/or carbon monoxide atmosphere and compare lines 9 through               
          46 in column 4 of Corneil which disclose treatment with a                   



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