Ex parte SATO et al. - Page 6




          Appeal No. 1997-0158                                                        
          Application No. 08/026,581                                                  


          field of the inventors’ endeavor since the hydrocoupling                    
          process described in Nozaki also involves hydrogenation as in               
          appellants’ and Gryaznov’s processes.  See Nozuki, column 6,                
          lines 50-55.  Even if Nozaki is not deemed to be within the                 
          field of the inventors’ endeavor, we find that Nozaki is at                 
          least directed toward the problem of providing, inter alia, a               
          reducing atmosphere (hydrogen atmosphere) which is required in              
          both appellants’ and Gryaznov’s processes.  We find that                    
          because Nozaki deals with providing a reducing (hydrogen)                   
          reaction atmosphere, it would have logically commended itself               
          to the inventors’ attention.  See In re Clay, 966 F.2d 656,                 
          659, 23 USPQ2d 1058, 1061 (Fed. Cir. 1992).  Accordingly, we                
          conclude that Nozaki can be properly combined with Gryaznov                 
          for the reasons indicated supra.                                            
               In any event, we note that appellants have not                         
          specifically challenged the examiner’s finding that “formic                 
          acid is known to be a source of hydrogen” as indicated supra.               
          Thus, even without Nozaki, the use of formic acid in the                    
          hydrogenation process of Gryaznov would have been obvious to                
          one of ordinary skill in the art as indicated supra.                        


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