Ex parte DUFRESNE et al. - Page 4




          Appeal No. 96-3454                                         Page 4           
          Application No. 08/260,295                                                  

                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  For the reasons which follow, we cannot sustain the              
          rejection presented by the examiner in this appeal.                         
               Berrebi discloses presulfurizing catalysts using a first               
          step of treating the catalysts with polysulfide sulfurization               
          agents in the absence of hydrogen (column 4, lines 7-32).  The              
          catalyst may thereafter be activated by treatment with                      
          hydrogen (column 4, lines 32-38).  Seiver discloses the use of              
          sulfur containing compounds selected from among a list of                   
          compounds that includes dimethyl sulfoxide that are used                    
          during the decomposition of a catalyst precursor in the                     
          presence of hydrogen (column 9, line 30 through column 10,                  
          line 60).                                                                   
               The position of the examiner is that the sulfur                        
          containing compounds of Seiver are combinable with the                      
          sulfurization agents of Berrebi for use in the presulfurizing               
          process of Berrebi since it would have been obvious to combine              








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