Ex Parte DATH et al - Page 4



          Appeal No. 2005-0183                                                        
          Application No. 09/206,218                                                  
          allowance of Application No. 09/206,216 (Brief, page 6).                    
          Accordingly, we summarily affirm the examiner’s rejection.                  
               B.  The Rejections under § 103(a)                                      
               The examiner finds that EP ‘060 discloses a process for                
          producing olefins by catalytic cracking of a hydrocarbon feed               
          using a zeolitic catalyst including silicalite and ZSM-5 with               
          silicon/aluminum atomic ratios equal to or greater than 175                 
          (corresponding to a molar ratio of equal to or greater than                 
          350)(Answer, page 3).  The examiner also finds that EP ‘060 fails           
          to disclose, inter alia, that the catalyst has been pretreated to           
          increase the silicon/aluminum ratio and increase the stability of           
          the catalyst (Answer, page 4).                                              
               The examiner finds that Eberly discloses a process for                 
          treating a zeolite by steaming followed by contact with a                   
          complexing agent to remove aluminum from the gross structure of             
          the zeolite thereby increasing the silicon/aluminum ratio of the            
          zeolite (id.).  From these findings, the examiner concludes that            
          it would have been obvious to one of ordinary skill in the art at           
          the time of appellants’ invention to have modified the process of           
          EP ‘060 “by dealuminating the zeolite to achieve the desired                
          silicon:aluminum atomic ratio as suggested by Eberly because the            
          resulting zeolite will have higher stability” (Answer, page 5).             

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