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 2Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007