Appeal No. 96-1188
Application No. 08/240,800
process of Canada '378 would be modified in accordance with
the teachings of Talonen and Strong such that appellants'
claimed process would result. It appears to us that the
examiner has found that various sulfur dioxide scrubbing
processes in the prior art which utilize aqueous sulfide
solutions generate hydrogen sulfide gas and bisulfite and,
therefore, concludes that one of ordinary skill in the art
would be able to somehow modify all the prior art processes to
arrive at the claimed process. However, it is well settled
that the prior art must provide some teaching or suggestion of
the claimed process or some motivation why one of ordinary
skill in the art would perform the claimed steps. Inasmuch as
the examiner has not established on this record the requisite
teaching, suggestion or motivation, we must conclude that the
examiner has not established a prima facie case of obviousness
for the claimed subject matter.
In conclusion, based on the foregoing, we are constrained
to reverse the examiner's rejections.
REVERSED
EDWARD C. KIMLIN )
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