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Ex parte KHARAS et al. - Page 5
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Board of Patent Appeals and Interferences > 1997 > Ex parte KHARAS et al. - Page 5
Appeal No. 95-4932
Application No. 07/990,216
corresponds to an “R” value of about 0.28 or lower. Neither
does the examiner refute the assertion that the claimed
catalyst components are defined, in part, in terms of their
performance when exposed to exhaust gases from engines
operating in the lean range where “R” is about 0.28 or lower.
We agree with appellants that the exhaust gas characteristics
recited in the claim preamble here must be given weight as a
basis for defining the subject catalyst in terms of its
performance under certain conditions in order to give life and
meaning to the remaining descriptive portions of the claim.
The examiner does not allege otherwise. In this regard, see
Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA
1951); In re Van Lint, 354 F.2d 674, 680, 148 USPQ 285, 289
(CCPA 1966); and Corning Glass Works v. Sumitomo Electric
U.S.A., Inc., 868 F.2d 1251, 1257, 9 USPQ2d 1962, 1966 (Fed.
Cir. 1989).
In view of the foregoing, we agree completely with
appellants that Subramanian Figures 2 and 3 demonstrate that
the catalysts of the reference do not appear to have the
temperature dependent performance characteristics for NOx
reduction required by claim 1 at R values at or below 0.28.
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