Ex Parte PODREBARAC - Page 2



          Appeal No. 2001-2151                                                        
          Application No. 09/035,174                                                  

               Appellant has elected to prosecute the invention described             
          in section “A” of claim 1 as a species of the generic metathesis            
          process encompassed by the claim.  The elected invention relates            
          to the production of propylene from the metathesis of 2-butene              
          and ethylene in a distillation column reactor containing a fixed            
          bed of metathesis catalyst.                                                 
               Appellant acknowledges on page 4 of his brief that elected             
          claims 1-7 stand or fall together for purposes of this appeal.              
          Accordingly, we focus our attention on section “A” of claim                 
          1 which reads as follows:                                                   
               (A) the production of propylene from the metathesis of                 
               2-butene and ethylene comprising the steps of:                         
                    (a) feeding a first stream comprising ethylene to a               
                    distillation column reactor containing a fixed bed                
                    of metathesis catalyst,                                           
                    (b) feeding a second stream comprising 2-butene to said           
                    distillation column reactor,                                      
                    (c) concurrently in said distillation column reactor              
                         (i)  contacting said 2-butene and said ethylene              
                         with said fixed bed metathesis catalyst so as                
                         to react at least a portion of said ethylene                 
                         with at least a portion of said 2-butene to                  
                         produce propylene and create a reaction                      
                         mixture containing unreacted 2-butene,                       
                         unreacted ethylene and propylene product;                    
                    (ii)  separating the unreacted ethylene and                       
          propylene product from the unreacted 2-butene                               
          by fractional distillation and                                              
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