Ex parte SHUSTOROVICH et al. - Page 12




          Appeal No. 96-0088                                                          
          Application No. 08/038,426                                                  


          combustion, column 1, lines 48-51.  We find the catalytic                   
          activity sufficient to meet the catalytic characteristics                   
          required for “at least one compound of a three way metal                    
          catalyst.”  The concentration of 0.001% disclosed by Lyons                  
          corresponds to 10 mg/l.  Page 2, column 1, line 57 and page 2,              
          column 2, line 57.  We accordingly find that the concentration              
          range taught by Lyons meets both the requirements of noble                  
          metals and non-noble metals alike.  As to the deposition of                 
          the metal catalyst downstream, on the record before us, we see              
          no reason to conclude that all or even most of the catalyst is              
          deposited in the combustion chamber.  We are in agreement with              
          the examiner’s position that gasoline additives are,                        
          “inherently entrained in emission fumes from the engine and                 
          are deposited on the catalytic vessel downstream.”  See                     
          Answer, page 10, lines 1-3.  The same analysis applies to                   
          appellants’ claim 23.  Accordingly, we sustain the section                  
          102(b) rejection over Lyons.                                                
               We next turn to the rejection of claims 1, 4 through 9,                
          16, 23 and 27 under 35 U.S.C. § 102(b) over Bowers ‘302.  We                
          shall likewise sustain the rejection of claims 1, 4 through 9,              
          and 16 over the patent to Bowers.  We shall not sustain the                 
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