Ex Parte Sonnemans et al - Page 6

                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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