Ex parte CHANG et al. - Page 4




                     Appeal No. 1998-1133                                                                                                                                              
                     Application 08/382,296                                                                                                                                            


                                The appellants state that the claims stand or fall in two                                                                                              
                     groups: 1) claims 4, 7-11 and 21, and 2) claims 14-20 and 22                                                                                                      
                     (brief, page 5).  We therefore limit our discussion to one                                                                                                        
                     claim in each group, i.e., claims 21 and 22, which are the                                                                                                        
                     only independent claims.  See In re Ochiai, 71 F.3d 1565, 1566                                                                                                    
                     n.2, 37 USPQ2d 1127, 1129 n.2 (Fed. Cir. 1995); 37 CFR                                                                                                            
                     § 1.192(c)(7)(1995).1                                                                                                                                             
                                                                    Rejection of claim 21                                                                                              
                                The appellants’ claim 21 requires a controller which is                                                                                                
                     capable of switching a control valve to a first position in                                                                                                       
                     which a first portion of exhaust gases is directed through a                                                                                                      
                     bypass around an igniter, and a smaller second portion of                                                                                                         
                     exhaust gases is directed through the igniter, after engine                                                                                                       
                     start-up but before ignition of a downstream catalytic                                                                                                            
                     converter.                                                                                                                                                        
                                Rudy discloses upstream and downstream catalysts with no                                                                                               
                     bypass (abstract).                                                                                                                                                
                                Dunne discloses a system wherein, during desorption of                                                                                                 


                                1 Our discussion does not address Abe, which was applied                                                                                               
                     to dependent claims to show an electrically actuated heater                                                                                                       
                     upstream of a catalyst (answer, page 6).                                                                                                                          
                                                                                          4                                                                                            





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