Ex parte SUBRAMANIAN et al. - Page 3




          Appeal No. 94-3479                                                          
          Application 07/917,261                                                      


               (c) exposing the effluent from the reducing catalyst to an             
          oxidation catalyst.                                                         
               The references relied upon by the Examiner are:                        
          Davis                       4,087,384                May  2, 1978           
          Torii et al. (Torii)        4,111,848               Sept. 5, 1978           
               Claims 15 to 22 stand rejected under 35 U.S.C. § 103 as                
          being unpatentable over Kintaichi in view of Davis or Torii.                
               We cannot sustain this rejection.                                      
               The examiner’s rejection is premised on an improper                    
          interpretation of the claim language, "highly acidic gamma                  
          alumina;" the examiner has essentially interpretted the language            
          as meaning alumina.  However, it is axiomatic that, in                      
          proceedings before the PTO, claims in an application are to be              
          given their broadest reasonable interpretation consistent with              
          the specification.  In re Sneed, 710 F.2d 1544, 1548, 218 USPQ              
          385, 388 (Fed. Cir. 1983).                                                  
               We agree with appellants that the term, "highly acidic                 
          gamma alumina," must be interpreted as defined in their                     
          specification on page 5, line 25 to page 6, line 15, to mean a              
          gamma alumina having a pH  of less than 3.0.  In their                      
                                   pzc                                                
          specification, appellants state that commercially available                 
          alumina comes in three forms:  mildly acidic (5-8 pH ), basic,              
                                                              pzc                     



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