Appeal No. 2001-0771
Application No. 09/103,528
silica to alumina ratio. In fact, one of ordinary skill in the
art would readily appreciate from a perusal of the Kuehl
disclosure that the ramifications of the dealumination process
are much more complex. Specifically, Kuehl (col. 2, ll. 43-53)
suggests that there are factors at play other than a mere change
in the silica to alumina ratio: indicating that dealumination may
trigger a change in the crystallinity of the zeolite material;
and that there may be an optimum level of dealumination, after
which further dealumination may prove counterproductive.
Despite these complexities, one of ordinary skill in the art
would have been motivated by the Kuehl disclosure to dealuminate
an EU-1 zeolite to optimize its catalytic properties.
Appellants urge that the Martino Declaration particularly
supports the patentability of dependent claims 3-6. We disagree,
as that Declaration is no more relevant to the rejection of those
claims than it is to the rejection of independent claim 1.
For the foregoing reasons, and for the reasons set forth in
the examiner’s Answer, the decision of the examiner is affirmed.
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