Ex Parte DRAKE et al - Page 2


                  Appeal No. 2003-0366                                                                                                                    
                  Application 09/349,759                                                                                                                  

                  and aromatic hydrocarbons and further wherein said silylated, acid leached zeolite composition is                                       
                  a zeolite which is acid leached then silylated.                                                                                         
                           36.  A method of converting non-aromatic hydrocarbons to aromatic hydrocarbons,                                                
                  ethylene, and propylene comprising contacting a feed comprising at least one non-aromatic                                               
                  hydrocarbon containing 2-16 carbon atoms per molecule selected from a group consisting of                                               
                  alkanes, alkenes, and cycloparaffins, with a steam treated, silylated zeolite composition, under                                        
                  contacting conditions effective in obtaining a reaction product comprising ethylene, propylene,                                         
                  and aromatic hydrocarbons and further wherein said steam treated, silylated zeolite composition                                         
                  is a zeolite which is silylated then steam treated.                                                                                     
                           The appealed claims, as represented by claims 15 and 36, are drawn to methods of                                               
                  converting non-aromatic hydrocarbons to aromatic hydrocarbons, ethylene and propylene                                                   
                  comprising contacting a feed comprising at least one non-aromatic hydrocarbon containing 2-16                                           
                  carbon atoms per molecule selected from the group consisting of alkanes, alkenes, and                                                   
                  cycloparaffins with a silylated, acid leached zeolite composition wherein the zeolite is acid                                           
                  leached then silylated, and a steam treated, silylated zeolite composition wherein the zeolite is                                       
                  silylated then steam treated, respectively.  The zeolite catalyst can be a ZSM-5 zeolite (appealed                                      
                  claims 79 and 84).  According to appellants, each of the zeolite compositions increases the ratio                                       
                  of olefin to aromatics and reduces the rate of coke formation in the conversion reaction                                                
                  (specification, e.g., pages 3-4).                                                                                                       
                           The references relied on by the examiner are:                                                                                  
                  Cattanach (Cattanach ‘942)                            3,756,942                                   Sep.   4, 1973                       
                  Cattanach (Cattanach ‘024)                            3,760,024                                   Sep. 18, 1973                        
                  Beck et al. (Beck)                                   5,567,666                                   Oct.  22, 1996                       
                           The examiner has rejected appealed claims 15 through 20, 36 through 42, 79, 81, 83, 84                                         
                  and 86 under 35 U.S.C. § 103(a) as being unpatentable over Beck incorporated with either                                                
                  Cattanach ‘942 or Cattanach ‘024.                                                                                                       
                           Appellants state in their brief (page 3) that the appealed claims “stand or fall together as a                                 
                  group with claims 15 and 36.”  Thus, we decide this appeal based on appealed claims 15 and 36.                                          
                  37 CFR § 1.192(c)(7) (2002).                                                                                                            
                           We affirm.                                                                                                                     
                           Rather than reiterate the respective positions advanced by the examiner and appellants,                                        
                  we refer to the examiner’s answer and to appellants’ brief for a complete exposition thereof.                                           


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