Ex parte MACEDO - Page 3




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             As an initial matter, the appellant submits that all of the rejected claims do not stand                 

             or fall together.  See Brief, page 2.  We find however that separate arguments are                       
             presented only with respect to claims 18 and 19.  See Brief, page 9.  Accordingly, we limit              
             our consideration of the claimed subject matter to independent claims 11 and 19 and                      

             dependent claim 18.  See 37 CFR § 1.192(c)(7) and (8)(1995).                                             

             The Rejections Over Gladrow ‘818                                                                         

                    We find that Gladrow ‘818 discloses crystalline alumino-silicate zeolite, column 1,               

             line 13, which is used in fluidized bed operations.  See column 1, line 42.  The catalyst is             
             useful for hydro cracking.  See column 4, line 20.  The catalysts contain a major amount of              
             crystalline alumino silicate zeolite, 51 to 95 weight percent and a minor amount of binder, 5            
             to 49 weight percent.  See column 2, lines 21-31.  The catalyst is mixed with a dry gel                  
             binding agent which contains a substantial amount of a peptizing agent.  See column 1,                   
             lines 47-49.  The term “peptizing agent” as used in the reference is intended to mean an                 
             agent capable of reverting the solidified gel back to a colloidal suspension when the gel is             
             contacted with water.  See column 2, lines 25-28.  The peptizing agent may be a diluted                  
             solution of a carboxylic acid such as formic and acetic acid.  See column 4, lines 69-71.                
             Propionic acid is also disclosed.  See column 5, lines 51-53.  We find that Gladrow ‘818                 
             discloses the presence of a sufficient peptizing agent to thoroughly wet the mixture during              
             the mixing operation, e.g., 5 to 25 weight percent.  See column 2, lines 32-33 and column                
             5, lines 3-7.  We find that this amount of acid overlaps that disclosed by appellant wherein             








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