Ex Parte MERRILL et al - Page 2



          Appeal No. 2004-2118                                       Page 2           
          Application 09/329,502                                                      


          employed including “an initial alkylation of the aromatic                   
          substrate followed by an intermediate recovery operation and then           
          transalkylation” (specification, page 2).                                   
               Appellants acknowledge that “[i]n both alkylation and                  
          transalkylation, whether conducted in the liquid phase or in the            
          vapor phase, it is a conventional practice to employ catalysts in           
          the reactors comprising shape-selective molecular sieves” that              
          “. . . may be the same or different . . . .”  Id.  Also,                    
          appellants  acknowledge that, while not universal, “it is often             
          the practice to employ a relatively small to intermediate pore              
          size molecular sieve such as ZSM-5, ZSM-11, or silicalite in the            
          alkylation reactor and follow this with a molecular sieve having            
          a somewhat larger pore size, such as zeolite-Y . . . .”                     
          (appellants’ specification, page 3, first full paragraph).                  
               Appellants use a high porosity zeolite-Y molecular sieve1              
          having a specified silica/alumina ratio, a specified pore size              
          and a specified surface area as a catalyst in the transalkylation           


               1 Appellants refer to a high porosity zeolite-Y as one that            
          possesses a surface area less than 500 m2/g (specification,                 
          page 9, lines 2-5).  At page 15 of the specification, it is                 
          stated that “[t]he foregoing catalyst characteristics are for               
          the zeolite-Y catalyst as it exists in the crystallite form.”               





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