Ex Parte Zeuthen et al - Page 2

          Appeal No. 2004-1488                                                        
          Application No. 09/768,733                                                  

                    (b) cooling the hydrotreated effluent;                            
                    (c) contacting the cooled hydrotreated effluent                   
               with a hydrotreating catalyst at conditions being                      
               effective for conversion of polyaromatic hydrocarbons                  
               to monoaromatic compounds; and                                         
                    (d) introducing the hydrotreated effluent from                    
               step (c) into an FCC unit for producing gasoline.                      
               The examiner relies upon the following references as                   
          evidence of unpatentability:                                                
          Inwood                  3,691,060            Sep. 12, 1972                  
          Kelley et al. (Kelley) 4,040,944             Aug. 09, 1977                  

               Claims 1, 3, and 5-8 stand rejected under 35 U.S.C.                    
          § 102(b) as being anticipated by Kelley.                                    
               Claim 2 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Kelley.                                                   
               Claim 4 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Kelley in view of Inwood.                                 
               On page 4 of the brief, appellants state that the                      
          claims stand or fall together.  We therefore consider claim                 
          1 in this appeal.                                                           
               We have carefully reviewed the examiner’s answer,                      
          appellants’ brief and reply brief, and the applied art of                   
          record.  This review has lead us to conclude that the                       
          examiner’s rejections are well-founded.                                     

                                    OPINION                                           
          I. The Anticipation Rejection of Claims 1, 3, and 5-8                       
               We refer to pages 3-4 of the answer regarding the                      
          examiner’s position for this rejection.                                     


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