Ex Parte LISSY et al - Page 5




                  Appeal No. 2002-2266                                                                                               Page 5                      
                  Application No. 09/366,477                                                                                                                     


                  hydrogenation metal to reduce ethylbenzene (col. 13, ll. 7-10 and 31-34).  Chang recognizes the                                                
                  problem of ethylbenzene abatement and discusses two second stage ethylbenzene abatement                                                        
                  processes; isomerization and superfractionation (col. 13, ll. 21-22).  According to Chang, these                                               
                  processes are either impractical or expensive (col. 13, ll. 22-30).                                                                            
                            Abichandani also notes that separation or removal of ethylbenzene from mixed xylene                                                  
                  streams is frequently difficult and expensive (col. 2, ll. 37-40).  Abichandani describes an                                                   
                  alternative process of using a selectivated catalyst which may contain a hydrogenation metal to                                                
                  convert ethylbenzene with low xylene loss (col. 1, ll. 15-19 and col. 8, l. 56 to col. 6, l. 6).                                               
                  Abichandani specifically suggests using the effluent from a toluene disproportionation reaction                                                
                  as the feedstock for the selective ethylbenzene conversion process, i.e., Abichandani suggests a                                               
                  two step process of disproportionation followed by ethylbenzene abatement (col. 4, l. 65 to col.                                               
                  5, l. 3).                                                                                                                                      
                            Chang and Abichandani together suggest that at least four methods of reducing                                                        
                  ethylbenzene were known: the two-stage processes in which ethylbenzene is separated by                                                         
                  isomerization or superfractionation after disproportionation; the two-stage process of selective                                               
                  conversion of ethylbenzene after disproportionation as taught by Abichandani; and the one-stage                                                
                  process of the second embodiment of Chang.  While Chang describes the two-stage processes                                                      
                  including isomerization and superfractionation as inferior, Chang does not teach away from using                                               
                  the selective ethylbenzene conversion of Abichandani.  In fact, Abichandani suggests the                                                       
                  combination of the two steps (col. 4, l. 61 to col. 5, l. 3).                                                                                  







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