Ex parte SUCCI et al. - Page 8




          Appeal No. 1998-2002                                                        
          Application 08/690,016                                                      


          issues raised in the rejection under 35 U.S.C.                              
          § 112, second paragraph, moot.  See Answer, pp. 7-9 (“nickel                
          carbonyl would not be formed until and unless the impure                    
          hydrogen gas stream contaminated with carbon monoxide is                    
          contacted with the elemental nickel in the first reaction                   
          zone”).                                                                     
               For the reasons set forth above, the rejection of claims               
          33-40 and 42-57 under 35 U.S.C. § 112, second paragraph, is                 
          reversed.                                                                   
               C.   Rejections under 35 U.S.C. § 103                                  
               The rejections under 35 U.S.C. § 103 are based on (1) a                
          combination of Reilly and Tanaka and (2) a combination of                   
          Reilly, Tanaka and EP ‘270.  Reilly, Tanaka and EP ‘270 are                 
          directed to processes which absorb hydrogen for different                   
          purposes.  According to the examiner, Reilly suggests that any              
          transition metal is suitable for absorbing hydrogen, and                    
          Tanaka discloses that alloys of titanium and nickel are useful              
          for absorbing hydrogen.  Furthermore, EP ‘270 discloses that                
          elemental nickel is useful for purifying an inert gas, such as              
          nitrogen or argon.  See Answer, pp. 5-7.  However, as pointed               
          out by appellants, neither Reilly, Tanaka nor EP ‘270 disclose              
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