Ex Parte LESIEUR - Page 15



          Appeal No. 2002-0249                                                         
          Application No. 09/321,390                                                   


               In view of the foregoing, we affirm the examiner’s decision             
          rejecting claims 1 through 6, 9 through 12 and 16 through 18                 
          under 35 U.S.C. § 103 as unpatentable over the combined                      
          disclosures of Clawson, Narumiya and Setzer ‘484.                            


                                     CLAIMS 13-15                                      
               We turn next to the examiner’s rejection of claims 13                   
          through 15 under 35 U.S.C. § 103 as unpatentable over the                    
          combined disclosures of Clawson, Narumiya, Setzer ‘484 and                   
          Sheller.  The relevant disclosures of Clawson, Narumiya and                  
          Setzer ‘484 are discussed above.                                             
               The dispositive question here is whether Sheller provides               
          sufficient suggestion or motivation to employ the particular                 
          material recited in claim 13 to form the claimed monolithic open             
          cell foam support useful for an autothermal reforming process.               
          We answer this question in the negative for the reasons well                 
          articulated by the appellant at page 16 of the Brief.                        
          Consequently, we reverse the examiner’s decision rejecting claims            
          13 through 15 under 35 U.S.C. § 103 as unpatentable over the                 
          combined disclosures of Clawson, Narumiya, Setzer ‘484 and                   
          Sheller.                                                                     




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