Ex Parte GROSS et al - Page 1




           The opinion in support of the decision being entered today was           
              not written for publication and is not binding                        
                               precedent of the Board                               

                                                           Paper No.  32            

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                   _____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                   _____________                                    
                   Ex parte GERHARD GROSS and VINCENZO SPITALERI                    
                                  ______________                                    
                               Appeal No.  2003-1788                                
                               Application 09/403,081                               
                                  ______________                                    
                                      ON BRIEF                                      
                                  _______________                                   

         Before PAK, TIMM, and PAWLIKOWSKI, Administrative Patent Judges.           
         PAWLIKOWSKI, Administrative Patent Judge.                                  

                                 DECISION ON APPEAL                                 
              This is an appeal under 35 U.S.C. § 134 from the examiner’s           
         final rejection of claims 2, 4-11, 13-15, 17, 18, and 21-24.               
              Claims 22 and 23 are representative of the subject matter on          
         appeal and are set forth below, wherein text in bold is for                
         emphasis only:                                                             
              22.  In a process for producing elemental sulfur by                   
         combustion of hydrogen sulfide or a hydrogen sulfide-containing            
         gas in a combustion whereby the hydrogen sulfide or the hydrogen           
         sulfide-containing gas is treated by partially combusting with             
         addition of air as the oxidation medium, subjecting the partially          
         combusted hydrogen sulfide or hydrogen sulfide-containing gas to           








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