Ex parte KINSMAN et al. - Page 5




          Appeal No. 1998-1405                                                        
          Application No. 08/379,600                                                  



          Henderson carries out its sulfiding reaction between a metal                
          oxide and a carbon disulfide and hydrogen sulfide gas mixture               
          in the substantial absence of water vapor and oxygen.  See                  
          Abstract and column 6, lines 23-28.  Although Henderson                     
          recognizes that absolute purity of the components (carbon                   
          disulfide and hydrogen sulfide) of the gas mixture is not                   
          necessary, it suggests using carbon disulfide and hydrogen                  
          sulfide which are substantially pure.  See column 5, lines 25-              
          36, column 9, lines 1-8, and column 10, lines 45-61.  Nowhere               
          does Henderson teach the formation of this substantially pure               
          carbon disulfide and hydrogen sulfide gas mixture through                   
          reacting elemental carbon with hydrogen sulfide as required by              
          the claims on appeal.                                                       
               In order to remedy such a deficiency, the examiner relies              
          on Johnson.  However, Johnson does not teach forming a                      
          substantially pure gas mixture of carbon disulfide and                      
          hydrogen sulfide that can be directly used in the process of                
          Henderson.  Rather, Johnson teaches employing a cheap carbon                
          source, petroleum coke, with hydrogen sulfide to produce                    
          carbon disulfide which is separated from other impurities,                  

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