Ex parte ARAYA - Page 6




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


          P zeolite on an industrial scale by following the teachings of              
          the Brown disclosure.  Contrary to appellant's argument,                    
          WO '662 makes no such assertion.  In discussing the Brown                   
          process, WO '662 states that such process "with such a gel                  
          composition, even though being suitable for producing zeolite               
          P on a bench scale, can't always be directly transposed to                  
          industrial scale" (page 2, penultimate paragraph, emphasis                  
          added).  On page 4, WO '662 states that "[o]ne of the problems              
          is that the vigourous stirring which can be achieved on a                   
          bench scale, and which allows the formation of zeolite P                    
          instead of zeolite A, can't always be achieved when stirring a              
          1.5m  pool, or bigger" (first paragraph).  Consequently, from3                                                                       
          these disclosures of the reference, it seems to us that a fair              
          interpretation is that the Brown process can't always produce               
          zeolite P, but sometimes produces mixtures of zeolite P and                 
          zeolite A.  This interpretation is further supported by the                 
          disclosure of WO '662 that "it has now been found that it is                
          in any case impossible to produce pure zeolite P with a gel                 
          dilution n below 250 for a SiO /Al O  molar ratio of the gel                
                                        2   23                                        
          below 2.1 if the gel has a volume of above 1.5m " (page 4,3                            
          first full paragraph).  In our view, the evidence relied upon               

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