Appeal No. 1998-1405
Application No. 08/379,600
including hydrogen sulfide. On this record, we find no
evidence that Johnson teaches forming a substantially pure gas
mixture which can be directly used in the process of
Henderson, without any intervening purification steps. There
simply is no evidence that the gas mixture containing carbon
disulfide and hydrogen sulfide produced in Johnson's fluidized
bed is substantially free of impurities, especially water
vapor and oxygen. Nor is there any evidence establishing
conventionality of forming a substantially pure carbon
disulfide and hydrogen sulfide mixture in situ through
reacting elemental carbon with hydrogen sulfide.
On this record, for the reasons indicated supra, we
determine that the examiner has not supplied sufficient
evidence suggesting the desirability of using the gas mixture
produced by Johnson directly in the process of Henderson
without any intervening purification steps. Therefore, we are
constrained to reverse the examiner’s decision rejecting all
of the appealed claims under 35 U.S.C. § 103 over the applied
prior art.
As a final point, we note that the specification refers
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