Ex Parte FLEGO et al - Page 2




               Appeal No. 2001-2491                                                                        Page 2               
               Application No. 09/168,564                                                                                       


                                                       BACKGROUND                                                               
                      Appellants’ invention relates to a process for the hydroisomerization of long-chain n-                    
               paraffins (specification at 1, ll. 3-4).  Claim 1 is illustrative:                                               
                      1.  A process for the hydroisomerization of long-chain n-paraffins which comprises                        
               isomerizing n–paraffins having a number of carbon atoms higher than 15 in the presence of                        
               hydrogen and a hydroisomerization catalyst which comprises:                                                      
                      a)      a carrier of acid nature consisting of a silica and alumina gel amorphous to X-rays,              
                              with a molar ratio SiO2/A12O3 ranging from 30/1 to 500/1, and having a surface                    
                              area ranging from 500 to 1,000 m2/g, a porosity ranging from 0.3 to 0.6 ml/g and a                
                              pore diameter within the range of 10-40 Angstrom;                                                 
                      b)      a mixture of metals, wherein said mixture contains at least one metal belonging to                
                              group VIB in an amount of from 5 to 35 % by weight, and at least one metal                        
                              belonging to group VIII in an amount of from 0.1 to 5% by weight, deposited on                    
                              the carrier, each amount based on the total of said carrier of acid nature and said               
                              mixture of metals.                                                                                
                      The prior art references of record relied upon by the Examiner in rejecting the appealed                  
               claims are:                                                                                                      
               Wittenbrink et al. (Wittenbrink)             5,866,748                     Feb.  2, 1999                         
                                                                                          (Filed Apr. 23, 1996)                 
               Perego et al. (Perego)                       5,968,344                     Oct. 19, 1999                         
                                                                                          (eff. filing date                     
                                                                                          of Jul. 30, 1993)                     
               Achia et al. (Achia)                         0 321 307                     June 21, 1989                         
               European Patent Application                                                                                      
                      Claims 1-3, 6, and 7 stand rejected under the judicially created doctrine of obviousness-                 
               type double patenting as being unpatentable over claims 1-3 of Perego in view of Achia or                        
               Wittenbrink.  Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                      








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