Appeal No. 2006-0753
Application No. 09/682,010
Monque et al. (US 5,576,256) discloses a catalyst
composition useful in hydrocarbon conversion processes.
The catalyst composition comprises a high silica MFI
zeolite, such as ZSM-5, in combination with a binder
(column 2, lines 60-68 and column 3, lines 30-50).
The examples detail the use of ZSM-5 in hydrogen form.
The reference teaches that the formed catalyst is
preferably calcined in two stages; in the first stage
is carried out between about 120 degrees C to about 350
degrees C for about 1-6 hours, and the second stage is
carried out between about 350 degrees C to about 700
degrees C for about 1-6 hours, which meet the ranges
instantly claimed (column 5, lines 10-17). The refer-
ence teaches that the catalyst is employed at a temper-
ature of 250-450 degrees C (column 5, lines 30-45),
which is considered to meet cooling step (c).
Indeed, the appellants acknowledge (Brief, page 4) that:
The teaching[s] of Monque, with the temperature for
initial calcination stage at its upper extremity and
careful selection of temperature for the second stage,
permit a calcination process that is within the
instantly claimed process.
However, the appellants argue that Monque provides no suggestion
to select the claimed specific calcination temperatures from its
calcination temperatures. See the Brief, page 4. We do not
agree.
As indicated supra, Monque teaches calcining ZSM-5 in
hydrogen form at calcination temperatures inclusive of the
claimed calcination temperatures. In other words, Monque teaches
or would have suggested employing, inter alia, the claimed
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