Appeal No. 1998-1067
Application No. 08/273,933
From our perspective, the examiner’s contrary view is
based fundamentally on conjecture and speculation. For
example, the examiner contends that the catalyst of Bonacci
would necessarily become para-selective during use and that
close-boiling non-aromatics contacting this catalyst would
necessarily be reduced in amount. It is our view, however,
that the record before us does not support this contention.
Even if the applied references were combined in such a
manner as to result in use of a para-selective catalyst in the
disproportionation zone of Bonacci, we agree with the
appellants’ argument that the here claimed process would not
be achieved. This is because the applied references simply
contain no teaching or suggestion of effecting contact in the
disproportionation zone under conditions such that the product
contains a reduced amount of close-boiling non-aromatics as
required in step (b) of the independent claim on appeal. As
correctly and repeatedly argued by the appellants in their
brief, it is only their own disclosure which teaches how to
achieve this reduction while also producing para-xylene as
here claimed.
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