Ex parte PAISLEY - Page 3




                   Appeal No. 96-1165                                                                                                                                 
                   Application 08/060,422                                                                                                                             

                                       l)    means for feeding said sulfur dioxide and a carbonaceous material to said                                                
                             third reactor;                                                                                                                           
                                       m) means for contacting said sulfur dioxide and said reducing agent at a                                                       
                             temperature and for a period of time sufficient to effect the production of a gaseous mixture                                            
                             of carbon monoxide and sulfur;                                                                                                           
                                       n) means for removing said gaseous mixture from said third reactor;                                                            
                                       o) means for separating said sulfur from said carbon monoxide; and                                                             
                                       p) means for feeding said carbon monoxide to said first reactor.                                                               


                                                                    References of Record                                                                              

                             The following references of record are relied upon by the examiner as evidence of obviousness:                                           

                             Gorin                                            3,729,551                              Apr. 24, 1973                                    
                             Kertamus et al. (Kertamus)                       3,904,387                              Sep.   9, 1975                                   
                             Wheelock                                         4,102,989                              Jul.   25, 1978                                  


                                                                         The Rejection                                                                                

                             Claims 1-35 stand rejected under 35 U.S.C. § 103 as being unpatentable over Gorin in view of                                             

                   Kertamus and Wheelock.                                                                                                                             

                                                                             Opinion                                                                                  

                             We have carefully considered the respective positions advanced by appellant and the examiner.                                            

                   For the reasons set forth below, we will affirm-in-part the examiner's rejection.                                                                  

                             At the outset, we note that on page 9 of the brief, appellant states that the claims do not stand or                                     

                   fall together.  The examiner, however,  stated that the claims are presumed to stand or fall together because                                      

                   appellant failed "to present reasons in support thereof not [sic, nor] does the brief provide for different                                        


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