Ex Parte Jewson et al - Page 14



          Appeal No. 2006-1750                                        Παγε 14                           
          Application No. 10/435,175                                                                    
          and In re Clemens, 622 F.2d 1029, 1035, 206 USPQ 289, 296 (CCPA                               
          1980).                                                                                        
               Under the circumstances recounted above, it is our                                       
          determination that the evidence of record for and against a                                   
          conclusion of obviousness, reconsidered in light of the                                       
          respective arguments and evidence advanced by appellants and the                              
          examiner, on balance, weighs most heavily in favor of an                                      
          obviousness conclusion with respect to the rejection under                                    
          consideration.  Accordingly, we sustain the examiner's                                        
          § 103(a) rejection of claims 12-16 and 18.                                                    
          Rejection of dependent claim 17                                                               
               Dependent claim 17 requires that the gold compound employed                              
          is selected from halides, cyanides, hydroxides, and sulfides.  In                             
          the separate rejection of dependent claim 17, the examiner                                    
          additionally relies on the teachings of Bowman to show that a                                 
          soluble gold compound, such as a gold cyanide is known to be                                  
          useful in adding a gold promoter to a zeolite catalyst.  See,                                 
          e.g., column 9, lines 23-26 of Bowman.5                                                       
               In addition to the arguments and evidence advanced against                               
          the examiner’s rejection of independent claim 12, which we find                               
                                                                                                        
               5                                                                                        
               5 Also, we note that Bowman (column 10, lines 25-33)                                     
          discloses the simultaneous addition of multiple promoter metals                               
          as an option.                                                                                 













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