Ex parte SCHMIDT et al. - Page 6




              Appeal No. 1998-1567                                                                            6                
              Application No. 08/636,816                                                                                       

              that Warren is directed to the oxidative coupling of lower alkanes to produce heavier                            

              hydrocarbons  in contrast with the dehydrogenation catalytic reaction of Font Freide.  See                       

              column 4, lines 46-50.  Furthermore, the large variety of oxidative coupling catalysts,                          

              supports and shapes disclosed at column 6, line 48 to column 7, line 33 contain an                               

              oxidative coupling catalyst, Table I, outside the scope of the claimed subject matter and                        

              directed to a different and distinct catalytic reaction.  Accordingly, contrary to the                           

              examiner’s position, we conclude that there is no reason to equate the catalysts of                              

              Warren with those of the primary reference.                                                                      

              Hazbun is even further removed from the catalyst of the primary reference in that                                

              it is directed to conducting catalytic ceramic membranes.  See column 1, lines 10-12.                            

              Hazbun further discloses two layer conducting catalytic ceramic membranes and the use                            

              of these membranes in hydrocarbon conversion processes.  See column 2, lines 57-65.                              

              Moreover, the product of the catalytic reaction is in one wherein hydrocarbons are                               

              coupled to form olefins and diolefins and ethylene and propylene are oxidized to form                            

              ethylene oxide, propylene oxide, aldehydes, acids and anhydrides and other organic                               

              materials contrary to the disclosure of Font Freide directed to a catalytic dehydrogenation                      

              reaction.  Accordingly, we conclude that there is no reason to equate the catalysts of                           

              Hazbun with those of the primary reference.                                                                      

              Finally, we recognize the protest submitted on October 29, 1997, Paper No. 25.                                   

              We note however, that there is no rejection before us based on the references submitted                          






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