Appeal 2006-2691 Application 09/942,830 Example 3).2 Accordingly, we agree with the Examiner that one of ordinary skill in this art would have reasonably expected the sulfur-containing organic additives taught by the Takahashi references in conjunction with conventional desulfurization catalysts to achieve similar results when used in conjunction with the conventional desulfurization catalysts disclosed in the Hatanaka ultra-deep HDS process. Furthermore, we note that the specific desulfurization catalysts taught by the Takahashi references are inclusive of the desulfurization catalysts taught by Hatanaki. See Takahashi 4:23-32, where it is taught that the desulfurization catalyst activity is higher when used with a sulfur-containing organic additive. Additionally, the Takahashi references teach that the essential presulfiding step may be eliminated by use of this sulfur-containing organic additive, and thus these references would have suggested the use of this additive in the process of Hatanaka to eliminate the presulfiding step taught by Hatanaka. See Takahashi 1:50-53; 2:1-4; and EP ‘295 2:10-22 and 36-38; 3:24-40; and 9:5-12. For the foregoing reasons and those stated in the Answer, we determine that the Examiner has established a prima facie case of obviousness in view of the reference evidence. Based on the totality of the record, including due consideration of Appellants’ arguments, we determine that the preponderance of evidence weighs most heavily in favor of obviousness within the meaning of § 103(a). Therefore, we affirm the 2 As taught by the three Takahashi references, presulfiding is essential to HDS processes to convert the inactive oxide of the metal catalyst component to the corresponding active sulfide before the hydrotreating reaction (e.g., EP ‘295 2:10-38). 6Page: Previous 1 2 3 4 5 6 7 Next
Last modified: September 9, 2013