Ex Parte van Broekhoven et al - Page 2

                Appeal 2006-2675                                                                                
                Application 10/278,143                                                                          

                                              INTRODUCTION                                                      
                       The claims are directed to an alkylation process using a particular                      
                catalyst including at least about 0.05 wt% sulfur.  Claim 1 is illustrative:                    
                       1. A process for alkylating a hydrocarbon feed which comprises                           
                contacting the hydrocarbon feed to be alkylated with an alkylation agent in                     
                the presence of a catalyst comprising a solid acid, 0.01 wt% to 1 wt% of a                      
                hydrogenation component consisting essentially of one or more Group Vlll                        
                noble metals, and at least about 0.05 wt% of sulfur, based on the total weight                  
                of the catalyst composition and calculated as S.                                                
                       The Examiner relies upon the following reference in the rejection of                     
                claims on appeal:                                                                               
                Van Brugge EP 0,640,575 B1 May 14, 1997                                                         
                       Appellants rely upon the following reference in rebuttal:                                
                       J. Biswas, The Role of Deposited Poisons and Crystallite Surface                         
                Structure in the Activity and Selectivity of Reforming Catalysts, 30(2) Catal.                  
                Rev. – Sci. Eng. 161-247 (1988)                                                                 
                       Claims 1-6 stand rejected under 35 U.S.C. § 103(a) as unpatentable                       
                over Van Brugge.                                                                                
                       We affirm.                                                                               
                                                  OPINION                                                       
                       The Examiner has established a prima facie case of obviousness based                     
                on the disclosure of Van Brugge.  As found by the Examiner, Van Brugge                          
                describes alkylating a hydrocarbon feed (paraffins such as isobutane) by                        
                contacting the paraffins with an alkylation agent (olefin such as 2-butene) in                  
                the presence of a solid acid catalyst (Answer 3; Van Brugge 2:49-50 and                         
                Example 2).  Van Brugge describes ion exchanging the zeolite of the catalyst                    
                with a Group VIII noble metal in amounts within the claimed range                               

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