Ex Parte IKEDA et al - Page 9




               Appeal No. 1997-2947                                                                                                 
               Application No. 08/352,079                                                                                           


               theoretical air-fuel ratio.”3  (Claims 1 and 12).  The specific meaning of the language used to                      
               define catalyst A is not readily apparent from the literal language of independent claims 1 and 12.                  
               Accordingly, the language of these independent claims invites a review of the specification in                       
               order to enlighten us as to the proper meaning of their claim terms.                                                 


                       The Claim Construction for Catalyst A                                                                        
                       Appellants’ claim a catalyst for the purification of exhaust gases having a catalyst A.                      
               Catalyst A is defined by claims 1 and 12 as having a three-way catalyst “for purifying                               
               hydrocarbons, carbon monoxide and nitrogen oxide.”  The literal interpretation of this language                      
               is absurd.  Literally, the language would require that the catalyst A “purifies” the hydrocarbons,                   
               carbon monoxide and nitrogen oxide into a more refined form.  Such an interpretation, however,                       
               is inconsistent with the purpose of a catalytic converter in which hydrocarbon, carbon monoxide                      
               and nitrogen oxide pollutants are converted into innocuous compounds prior to their release into                     
               the atmosphere.  Indeed, the specification states that catalysts are widely used to purify exhaust                   
               gases from an internal engine by oxidizing carbon monoxide and hydrocarbon and reducing                              
               nitrogen oxide.  (Specification, p. 1).  Accordingly, both common sense and the specification                        
               lead us to conclude that catalyst A converts hydrocarbons, carbon monoxide and nitrogen oxide                        
               in order to reduce pollution rather than purify them.                                                                


                       3We note that, at oral hearing, appellants’ representative was unable to explain the                         
               meaning of this claim language.                                                                                      
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