Ex Parte Kiser et al - Page 9

                Appeal 2007-1943                                                                               
                Application 10/443,649                                                                         
                      We find that the high initial sulfur content of the decant oils to be                    
                hydrotreated and/or severely hydrotreated in accordance with the                               
                Appellants’ disclosure (>1wt% sulfur (Claim 1); >2 wt% sulfur (Claim 11))                      
                include the low initial sulfur content of the decant oils to be hydrotreated in                
                accordance with the Didchenko’s disclosure (1-2.5 wt% sulfur in general;                       
                1.2-2.35 wt% sulfur in Didchenko’s Examples 1-6).  We find that                                
                Appellants’ hydrotreating steps, like the hydrotreating step of Didchenko’s                    
                process, include catalytic hydrotreating a 1-2.5 wt% sulfur decant oil in a                    
                hydrotreatment chamber at a temperature between about 500 oF to about                          
                800oF and at a pressure between about 800 to about 1,500 psig.  Moreover,                      
                we find that the low sulfur pitch feedstocks produced by Didchenko’s                           
                process of making low sulfur pitch feedstock and by Appellants’ processes                      
                of making low sulfur/low PAH petroleum pitch feedstock have many                               
                common properties.  For example, see the following tabulation:                                 

                    Appellants’ and Didchenko’s Low Sulfur Petroleum Pitch Feedstock                           
                Properties                            Appellants’         Didchenko’s                         
                Softening Point, Mettler,              70-130oC            104oC                               
                                                       (Claims 8 & 25)     (Ex. 5, col. 8,                     
                                                                           ll. 8-18)                           










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