Ex Parte GROSS et al - Page 11




         Appeal No. 2003-1788                                                       
         Application No. 09/403,081                                                 

         In re Aldrich, 398 F.2d 855, 857, 158 USPQ 311, 312 (CCPA 1968).           
         The preamble of claim 22 includes:                                         
              In a process for producing elemental sulfur by                        
              combustion of hydrogen sulfide or a hydrogen-sulfide-                 
              containing gas in a combustion whereby the hydrogen                   
              sulfide or the hydrogen sulfide-containing gas is                     
              treated by partially combusting with addition of air as               
              the oxidation medium, subjecting the partially                        
              combusted hydrogen sulfide or hydrogen-sulfide-                       
              containing gas to afterburning by adding an oxygen-                   
              containing gas to the partially combusted gas, and                    
              feeding the reaction gas mixture to a waste-heat boiler               
              and thereafter to one or more catalytic                               
              reactors...(Emphasis ours).                                           
         Thus, from my perspective, one of ordinary skill in the art armed          
         with such admittedly old knowledge would have led to provide a             
         multiplicity of nozzles at the afterburning zone of the                    
         combustion reactors, motivated by a reasonable of expectation of           
         introducing an oxygen-containing gas in the afterburning zone to           
         promote full combustion.                                                   
              In view of the foregoing, I would have affirmed the                   
         examiner’s decision.                                                       




                             __________________________ )  BOARD OF PATENT          
                             Chung K. Pak        )    APPEALS AND                   
                             Administrative Patent Judge)  INTERFERENCES            








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