Ex Parte DATH et al - Page 2




          Appeal No. 2002-1864                                                        
          Application No. 09/206,208                                                  


          an olefin-containing feedstock by using a pretreated MFI                    
          crystalline catalyst under particular cracking conditions (Brief,           
          pages 2-3).  Illustrative independent claim 1 is reproduced below:          
               1.  A process for the catalytic cracking of an olefin-                 
          containing feedstock which is selective toward light olefins                
          in the effluent, the process comprising contacting a hydrocarbon            
          feedstock containing at least one olefin with a MFI crystalline             
          silicate catalyst having a silicon/aluminum atomic ratio from 180           
          to 1000, which has been obtained by pretreating so as to increase           
          the silicon/aluminum atomic ratio thereof by heating the catalyst           
          in steam to reduce tetrahedral aluminum in the crystalline silicate         
          framework to form alumina and de-aluminating the catalyst by                
          treating the catalyst with a complexing agent for aluminum to               
          remove aluminum from the pores of said crystalline silicate at an           
          inlet temperature of from 500 to 600/C and at an olefin partial             
          pressure of from 0:1 to 2 bars to produce an effluent with an               
          olefin content of lower molecular weight than that of the                   
          feedstock.                                                                  
               The examiner has relied upon the following references as               
          evidence of obviousness:                                                    
          Eberly, Jr., et al. (Eberly)     3,506,400          Apr. 14, 1970           
          Colombo et al. (EP ‘060)         0 109 060          May 23, 1984            
          (published European Patent Application)                                     
               The claims on appeal stand rejected under 35 U.S.C. § 103(a)           
          as unpatentable over EP ‘060 in view of Eberly (Answer, page 3).            
          The claims on appeal also stand provisionally rejected under the            
          judicial created doctrine of obviousness-type double patenting over         
          (1) claims 1, 2, 5-10, 12, 13 and 15 of copending application               




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