Ex Parte Hasenzahl et al - Page 2



                 Appeal No. 2006-1903                                                                                                              
                 Application No. 10/204,306                                                                                                        

                         According to appellants, the invention is directed to a                                                                   
                 titanium silicalite shaped article which exhibits a MFI, MEL or DEA                                                               
                 structure,  where the article is formed by the process as claimed2                                                                                                                
                 with only one calcination step (Brief, pages 1-3).  Illustrative                                                                  
                 independent claim 16 is reproduced below:                                                                                         
                                  16. A titanium silicalite shaped article                                                                         
                         produced by a process comprising:                                                                                         
                                  a) preparing a synthesis gel containing a SiO                                 2                                  
                         source, a TiO  source, a template compound and water,2                                                                                                  
                                  b) crystallizing the synthesis gel under                                                                         
                         hydrothermal conditions to obtain titanium   silicalite,                                                                  
                                  c) drying the titanium silicalite from step                                                                      
                         b)at a temperature below the decomposition                                                                                
                         temperature of the template compound,                                                                                     
                                  d) preparing a formable mass containing the product                                                              
                         from step c), a binder and a paste-forming agent,                                                                         
                                  e) forming a process comprising the mass from step                                                               
                         d)into a green shaped article,                                                                                            
                                  f) optionally drying, and                                                                                        
                                  g) calcining the green shaped article, wherein the                                                               
                         template compound is chosen in a way that the titanium                                                                    
                         silicalite obtained by step b) exhibits MFI, MEL or DEA                                                                   
                         structure and the calcining takes place after the                                                                         
                         formation of the green shaped article.                                                                                    
                         The examiner has relied on Grosch et al. (Grosch), U.S. Patent                                                            
                 No. 6,008,389, issued Dec. 28, 1999, as the sole evidence of                                                                      
                 unpatentability (Answer, page 3).  Accordingly, claims 16 and 17                                                                  
                 stand rejected under 35 U.S.C. § 102(a) as anticipated by Grosch                                                                  

                         2The examiner notes that the claimed “DEA” structure should                                                               
                 be “BEA” (Answer, page 2, ¶(5) and ¶(7)).                                                                                         
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