Appeal 2007-0121
Application 10/324,594
claim 39 is in a product-by-process format and the prior art product
desulfurized fluid appears to be either identical with or only slightly
different than the claim 39 product. See In re Brown, 459 F.2d 531, 535,
173 USPQ 685, 688 (CCPA 1972).
On this record, we affirm the Examiner’s obviousness rejection of
claim 39.
CONCLUSION
The decision of the Examiner to reject claims 1-11 under 35 U.S.C.
§ 103(a) as being unpatentable over Nelson; and to reject claims 11-26, 38
and 39 under 35 U.S.C. § 103(a) as being unpatentable over Nelson in view
of Khare is affirmed.
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