Appeal No. 1998-0575
Application No. 08/190,569
or more elements including Cu, to reduce the nitrogen oxide to nitrogen. (Column 2,
lines 8-23). Ninomiya discloses the sulfur oxides are also removed from the waste gases
because the process also converts the sulfur oxides to sulfuric acid and/or ammonium
sulfate. (Column 2, lines 24-32).
The Examiner urges that Ninomiya teaches a process for passing air containing
paving sulfide through a deodorant material. The Examiner states “[i]t would have been
obvious to one of ordinary skill in the art at the time the invention is made to include well
known sulfide gases such as H S as constituents to be deodorized for Ninomiya et al. in
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col. 2, line 59 teaches that it is known to include various types or sulfide molecule in his
gas.” (Examiner’s Answer, page 3, fourth paragraph).
The Examiner has not directed us to evidence or a reason to believe that the waste
gas of Ninomiya contains H S. We have not been directed to evidence or a reason to
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believe the deodorant material of Ninomiya could treat H S. Further, the Examiner has not
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provided motivation for subjecting air containing H S to the deodorant material of
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Ninomiya. The Examiner’s conclusion is based on mere speculation, and such speculation
is not sufficient for establishing a prima facie case of obviousness. See In re Warner,
379, F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967); In re Sprock, 301 F.2d 686,
690, 133 USPQ 360, 364 (CCPA 1962).
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