Appeal No. 2002-1864
Application No. 09/206,208
Wetterau, 356 F.2d 556, 557-58, 148 USPQ 499, 500-01 (CCPA 1966);
Ex parte Karol, 8 USPQ2d 1771, 1773-74 (Bd. Pat. App. & Int. 1988).
B. The Rejection based on 35 U.S.C. § 103(a)
The examiner finds that EP ‘060 discloses a process for
producing olefins by catalytic cracking an olefin feedstock
with a zeolitic catalyst such as silicalite or ZSM-5 with a
silica/alumina atomic ratio of greater than 175 under reaction
conditions encompassing the claimed parameters (Answer, page 3).
The examiner recognizes that EP ‘060 does not disclose, inter alia,
the claimed pretreatment of the catalyst including steaming and
aluminum extraction (id.). To remedy this deficiency, the examiner
applies Eberly for the disclosure of a process for treating zeolite
by steaming followed by contact with a complexing agent to remove
aluminum from the gross structure of the zeolite, thereby
increasing the silica/alumina ratio (Answer, page 4). From these
findings, the examiner concludes that it would have been obvious
to one of ordinary skill in the art to modify the process of
EP ‘060 “by dealuminating the zeolite to achieve the desired
silicon:aluminum atomic ratio as suggested by Eberly because
the resulting zeolite will have higher stability.” Id.
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