Ex Parte Groten - Page 5



          Appeal No. 2005-0766                                                        
          Application No. 09/877,277                                                  

               sulfur compounds.  The overhead pressure is maintained at              
               about 0 to 250 psig with the corresponding temperature in              
               the distillation reaction zone of between 400 to 700oF.”               
               col. 5, lines 23-27.  In the figure relied on by the                   
               examiner, the temperature is 550-600oF” (col. 6, 44); and in           
               ‘378 [i.e., Gildert] “Typical conditions in a reaction                 
               distillation zone of a naphtha hydrodesulfurization                    
               distillation column reactor are:    Temperature   450-700              
          oF . . .” col. 5, lines 59-65.                                              
                    Therefore, neither of these references disclose                   
               conditions, and particularly use conditions which would                
               result in the process claimed in claim 1 and inherency is              
               not truly, even a remote possibility.                                  
               This argument is unpersuasive for a number of reasons.                 
          Initially, it is important to stress that the processes claimed             
          by the appellant and disclosed by the applied references possess            
          many commonalities.  Not only do these processes exhibit common             
          feedstocks (i.e., full boiling range naphtha and hydrogen),                 
          catalysts and reaction conditions as noted by the examiner, they            
          also are disclosed as possessing common advantages (e.g.,                   
          desulfurization without substantial loss of olefins) and as                 
          achieving common goals (e.g., yielding a light naphtha product in           
          the first distillation column reactor).  See, for example: the              
          “SUMMARY OF THE INVENTION” (as well as the paragraph thereabove)            
          in the respective specifications of the appellant, Podrebarac and           
          Gildert; as well as the appellant’s specification disclosure at             
          line 2 on page 12 through line 5 on page 13 in comparison with              

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