Ex parte HARTMANN - Page 11




          Appeal No. 95-2245                                                          
          Application No. 08,011,563                                                  


               Quemere's process because the Quemere reference                        
               requires no specific source from which to obtain the                   
               titanium dioxide and a skilled artisan would be                        
               motivated by economics to depart from the prior art                    
               to reduce costs consistent with the desired product                    
               properties, In re Clinton 188 USPQ 365, In re                          
               Thompson 192 USPQ 275.                                                 
          It appears to be the examiner’s conclusion that it would have               
          been obvious to employ by-product sintered titanium dioxide                 
          from an admittedly known chloride process as a catalyst for                 
          promoting hydrolysis of carbonyl sulfide.  However, the                     
          examiner’s conclusion is not supported by evidence.  We find                
          that the examiner does not refer to any evidence which                      
          indicates that the existence of sintered titanium dioxide as a              
          by-product in a chloride process was known to those skilled in              
          the art at the time the application was filed.  We also find                
          that the examiner has not demonstrated that sintered titanium               
          dioxide was known to be useful as a catalyst for the                        
          hydrolysis of carbonyl sulfide at the time the application was              
          filed.  Without such knowledge, we cannot find any motivation               
          or suggestion to employ the sintered titanium dioxide by-                   
          product from a chloride process for hydrolyzing carbonyl                    




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