Ex Parte LISSY et al - Page 3




               Appeal No. 2002-2266                                                                        Page 3                
               Application No. 09/366,477                                                                                        


                                                           OPINION                                                               
               The Rejection of Claims 1-20 over Abichandani and Chang                                                           
                      We have selected claim 1 to represent the issues on appeal for the rejection of claims 1-20                
               over Abichandani and Chang.  Claim 1 reads as follows:                                                            
                      1.  A plural stage toluene conversion process for preparing xylenes comprising:                            
                      i) contacting in a first stage toluene disproportionation zone a reaction stream comprising                
               toluene and hydrogen with a first stage catalyst comprising catalytic acid molecular sieve which                  
               catalyst is substantially free of hydrogenation metal, under toluene disproportionation reaction                  
               conditions sufficient to provide a first stage effluent comprising para-xylene and ethylbenzene;                  
               and                                                                                                               
                      ii) contacting said effluent from the first stage in a subsequent stage ethylbenzene                       
               abatement zone with a subsequent stage catalyst containing porous selectivated catalytic                          
               molecular sieve comprising a hydrogenation metal which catalyst is selectivated by treating with                  
               a selectivating agent which hinders entry of xylene isomers and permits entry of ethylbenzene                     
               into the pores of said subsequent stage catalyst molecular sieve, at reaction conditions sufficient               
               to selectively convert said ethylbenzene to benzene and ethane in the presence of xylenes and                     
               toluene to provide a subsequent stage product containing para-xylene and having reduced                           
               ethylbenzene content relative to the effluent from said first stage.                                              
                      Claim 1 is directed to a process for toluene disproportionation which produces xylenes                     
               and minimizes ethylbenzene production.  It is a two-stage process.  In the first stage, a catalyst,               
               which is substantially free of hydrogenation metal, is used to convert toluene and hydrogen to                    
               para-xylene.  The reaction produces ethylbenzene, an unwanted by-product.  The ethylbenzene                       
               containing effluent from the first stage is fed to a second stage ethylbenezene abatement zone.  In               
               the second stage, a catalyst containing a hydrogenation metal is used to selectively convert                      
               ethylbenzene to benzene and ethane.                                                                               








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