Ex parte ARAYA - Page 5




          Appeal No. 1997-2974                                                        
          Application No. 08/288,313                                                  


          the examiner, Vaughan evidences that it was conventional in                 
          the art to utilize zeolite seed, or nucleation centers, in the              
          preparation of zeolites (see column 1, lines 17-20 and 41-46).              
          Accordingly, based on the state of the prior art, we are                    
          satisfied that it would have been obvious for one of ordinary               
          skill in the art to use zeolite seed in the preparation                     
          process of Brown for preparing a P zeolite of the claimed                   
          formula.                                                                    
               Appellant emphasizes that the claimed process is on an                 
          industrial scale, i.e., in a stirred vessel of 2m  volume or3                          
          more, whereas Brown "is limited to laboratory scale                         
          operations" and is not capable of an industrial scale                       
          preparation (page 6 of principal brief).  In addition,                      
          appellant relies upon the disclosure in WO 94/26662                         
          (hereinafter WO '662) for evidence that "using the teaching of              
          Brown, it is not possible to produce a zeolite P type having                
          the following formula . . . in a reactor tank of 2 m  or3                       
          above" (page 9 of principal brief, lines 1-4).                              
               Our review of WO '662, as well as the entire evidence of               
          record, leads us to the conclusion that appellant has not                   
          established on this record that it is not possible to prepare               

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