Ex parte MYLROIE - Page 7




          Appeal No. 94-2033                                                           
          Application No. 07/982,141                                                   


          containing Raney cobalt catalyst, among many known hydrogenation             
          catalysts, to hydrogenate aromatic nitro compounds contaminated              
          with sulfur.  Compare In re Sponnoble, 405 F.2d 578, 585, 160                
          USPQ 237, 243 (CCPA 1969) (A patentable invention may lie in the             
          discovery of the source of a problem even though the remedy may              
          be obvious once the source of the problem is identified.)                    
               The examiner's decision is reversed.                                    
                                       REVERSED                                        



                         SHERMAN D. WINTERS             )                              
                         Administrative Patent Judge    )                              
                                                        )                              
                                                        )                              
                                                        )                              
                                                        )                              
                         WILLIAM F. SMITH               ) BOARD OF PATENT              
                         Administrative Patent Judge    )   APPEALS AND                
                                                        )  INTERFERENCES               
                                                        )                              
                                                        )                              
                                                        )                              
                         BRADLEY R. GARRIS              )                              
                         Administrative Patent Judge    )                              










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