Ex parte CHANG et al. - Page 6




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


          of an engine, and opens increasingly as soon as the catalyst                
          in a downstream main catalytic unit (4) reaches its response                
          temperature (col. 1, lines 15-19; col. 2, lines 55-58 and 66-               
          70; col. 3, lines 66-71; col. 4, lines 18-23; col. 4, line 73               
          - col. 5, line 3).  Thus, Säufferer’s system is capable of                  
          bypassing the quick-warm-up catalytic unit only after the main              
          catalytic unit reaches its ignition temperature, not                        
          beforehand as required by the appellants’ claim 21.                         
               The examiner interprets “ignition” in view of the                      
          appellants’ specification as being the condition at which the               
          exhaust gases about to enter the downstream catalytic unit are              
          at about 700EK (427EC) (answer, page 7).  The examiner relies               
          (answer, page 7) upon statements in the appellants’                         
          specification that the exhaust gases are heated such that they              
          are at a temperature of 700EK at the catalytic converter inlet              
          (page 4, lines 1-4; page 6, lines 20-25; page 7, lines 2-5).                
          The examiner argues that the catalytic converter response                   
          temperatures disclosed by Dunne and Säufferer of,                           
          respectively, 300EC (col. 1, lines 31-33) and 250-300EC (col.               
          3, lines 5-9), are below 700EK and that, therefore, Dunne and               
          Säufferer bypass the upstream catalytic unit at a temperature               
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