Ex parte SUDHAKAR et al. - Page 5




          Appeal No. 1997-3632                                       Page 5           
          Application No. 08/248,565                                                  

          temperatures and pressures in hydrotreating processes to                    
          affect the conversions of hydrocarbons and to affect the                    
          degree of contaminant removal" (answer, page 6).  While the                 
          examiner correctly recognizes that the catalyst utilized in                 
          the herein claimed process is not disclosed in Wennerberg, the              
          examiner expresses the opinion that "one of ordinary skill in               
          the art would be directed by Wennerberg to use a chromium-                  
          containing catalyst . . ." (answer, page 7) that would                      
          correspond to appellant’s catalyst and employ Group VI and                  
          VIII metals and a carbon support with characteristics as                    
          claimed herein.                                                             
               Our review of the reference relied upon by the examiner                
          leads us to the determination that the examiner’s rejection is              
          founded on an inadequate evidentiary basis to establish the                 
          obviousness of the claimed process within the meaning of                    
          35 U.S.C. § 103.  For example, notwithstanding the examiner’s               
          opinion, Wennerberg does not suggest using a pressure within                
          the herein claimed range of 400-1500 p.s.i.g. and a particular              
          catalyst as defined in the appealed claims in practicing their              
          process of catalytically treating polynuclear aromatic                      
          containing feeds with hydrogen to obtain lower boiling                      








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