Ex parte LU et al. - Page 3




          Appeal No. 96-1188                                                          
          Application No. 08/240,800                                                  


          passing the gas into an aqueous sulfide solution which                      
          ultimately forms hydrogen sulfide gas, removing the hydrogen                
          sulfide from the reactor, absorbing additional sulfur dioxide               
          gas in the solution to form bisulfite, and removing the                     
          bisulfite-containing solution from the reactor.                             
               Appealed claims 23-31 and 33-44 stand rejected under                   
          35 U.S.C. § 103 as being unpatentable over Canada '378 in view              
          of Talonen and Strong.  In addition, claims 23-44 stand                     
          rejected under 35 U.S.C. § 103 as being unpatentable over                   
          Canada '378 in view of Talonen and Strong in further view of                
          Miller.                                                                     
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we concur with appellants that the prior               
          art relied upon by the examiner fails to establish a prima                  
          facie case of obviousness for the claimed subject matter.                   
          Accordingly, we will not sustain the examiner's rejections.                 
               In our view, the examiner has not established that the                 
          collective teachings of Canada '378, Talonen, Strong and                    
          Miller teach or suggest the manipulative steps of the claimed               
          process, namely, (1) forming hydrogen sulfide gas by absorbing              
          sulfur dioxide into an aqueous sulfide solution, (2) removing               

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