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).
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