Appeal No. 2006-0753
Application No. 09/682,010
However, contrary to the appellants’ argument, Monque at
column 5, lines 10-12, teaches that the calcination of a zeolite
can be conducted under a flow of air as urged by the examiner.
Although Monque teaches that water vapor be present in the
flowing air as argued by the appellants at page 3 of the Reply
Brief, the claims on appeal, by virtue of using the term
“comprising,” do not preclude the introduction of water vapor via
the flowing air during the claimed calcination process. In re
Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA
1981)(“As long as one of the monomers in the reaction is
propylene, any other monomer may be present, because the term
‘comprises’ permits the inclusion of other steps, elements, or
materials.”).
The appellants argue that Monque does not teach or suggest
high silica pentasile zeolites (inclusive of ZSM-5), especially
those having a Si/Al ratio greater than 20 or from 40 to 100 as
recited in claims 3 through 5. See the Brief, page 5. We do not
agree for the reasons well articulated by the examiner at page 8
of the Answer.
The appellants argue for the first time in the Reply Brief
that the claimed calcination temperature range achieves
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007