Ex Parte DATH et al - Page 7



          Appeal No. 2005-0183                                                        
          Application No. 09/206,218                                                  
          increased stability to the zeolite catalyst.  Similarly, with               
          regard to the rejection over Eberly alone, the examiner has not             
          presented any convincing reasoning, suggestion or motivation as             
          to why one of ordinary skill in this art would have employed the            
          pretreatment taught by Eberly to MFI crystalline silicate                   
          catalysts to yield silicon/aluminum atomic ratios of from 300 to            
          1000.                                                                       
               As also correctly argued by appellants (Brief, pages 7-8;              
          Reply Brief, page 2), Eberly does not disclose pretreatment of              
          the MFI crystalline silicate catalysts required by all the claims           
          on appeal.  Eberly discloses pretreatment of “crystalline                   
          aluminosilicate zeolites of the molecular sieve type” in general            
          having the formula recited at col. 2, ll. 3-4 (see also col. 1,             
          ll. 34-35).  The value of X in this formula requires                        
          silica:alumina mole ratios of 1.5 to 12 (i.e., atomic ratios of             
          0.75 to 6; see col. 2, ll. 7-8).  Eberly further teaches the use            
          of many natural and synthetic zeolites, none of which has been              
          identified by the examiner as a MFI crystalline silicate catalyst           
          (col. 2, ll. 9-18).                                                         
          Eberly teaches “extremely high” silica:alumina mole ratios                  
          of “15 to 1 or greater” with an example of an “extremely high”              
          mole ratio of 29 (col. 4, ll. 35-38; col. 7, ll. 35-37; col. 7,             

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