Ex Parte WU et al - Page 3



          Appeal No. 1999-1861                                                        
          Application No. 08/695,482                                                  

               Nemet-Mavrodin, the primary reference, fails to disclose               
          treating the zeolite with an acid before incorporating the metal            
          component.  Indeed, in order to obtain the desired alpha value of           
          greater than 5 and less than 33, which is a measure of the                  
          catalyst's acidity, Nemet-Mavrodin teaches that the catalyst can            
          be deactivated (deacidified) by subjecting it to steaming, coking           
          or high temperature calcination.  While the examiner relies upon            
          Rodewald for its disclosure of subjecting a zeolite catalyst to             
          an acid treatment, the alpha values exemplified by Rodewald are             
          628 and 1800, which are well above the alpha value range of 5-33            
          desired by Nemet-Mavrodin (see TABLE I of Rodewald).                        
          Consequently, we agree with appellants that Rodewald would have             
          provided no motivation or suggestion for modifying the catalyst             
          preparation of Nemet-Mavrodin by adopting the acid treatment of             
          Rodewald.  In addition, as noted by appellants, Rodewald does not           
          teach incorporating a metal into the catalyst after the acid                
          treatment, as required by the appealed claims.                              












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