Ex Parte Cutler et al - Page 2


               Appeal No. 2004-2294                                                                                                  
               Application 10/002,343                                                                                                

               1.      A catalyst for purification of exhaust gases in oxygen-rich atmospheres in which oxygen                       
               concentrations of the exhaust gases are at the stoichiometric point or more required for oxidizing                    
               components to oxidized therein, consisting essentially of:                                                            
                       (1)  a catalysis-promoting coating comprising a noble metal catalyst and a NOx storage                        
               component loaded onto a carrier material, wherein the NOx storage component comprises an                              
               alkali metal and,                                                                                                     
                       (2)  a ceramic substrate for supporting the catalysis-promoting coating, wherein the                          
               ceramic substrate exhibits resistance to alkali metal migration below 1000°C, and a coefficient of                    
               thermal expansion of less than about 25x10-7/°C (25-800°C).                                                           
               3.      The catalyst according to claim 2 wherein the substrate comprises a material selected                         
               from the group consisting of calcium aluminate, magnesium dititanate, iron titanate, zirconium                        
               titanate, and mixtures and solid solutions thereof.                                                                   
                       The references relied on by the examiner are:                                                                 
               Nishino et al. (Nishino)                      4,350,613                             Sep. 21, 1982                   
               Mitsui et al. (Mitsui)                        5,082,820                             Jan.  21, 1992                  
               Miyoshi et al. (Miyoshi)                      5,948,376                             Sep.   7, 1999                  
                       The examiner has rejected appealed claims 1 through 3 and 8 through 20 under 35 U.S.C.                        
               § 103(a) as being unpatentable over Miyoshi in view of Mitsui (answer, pages 4-6), and appealed                       
               claims 1 through 4 and 8 through 21 under 35 U.S.C. § 103(a) as being unpatentable over                               
               Miyoshi in view of Nishino (answer, pages 7-9; ).                                                                     
                       Appellants group the appealed claims as claims 1 and 8 through 20 and claims 2 through                        
               4 and 21 (brief, page 4).  Thus, we decide this appeal based on appealed claims 1 and 3 as                            
               representative of the grouping of claims and the two grounds of rejection.  37 CFR § 1.192(c)(7)                      
               (2003); see also 37 CFR § 41.37(c)(1)(vii) (effective September 13, 2004; 69 Fed. Reg. 49960                          
               (August 12, 2004); 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).                                                
                       We affirm.                                                                                                    
                       Rather than reiterate the respective positions advanced by the examiner and appellants,                       
               we refer to the answer and to the brief for a complete exposition thereof.                                            
                                                              Opinion                                                                
                       We have carefully reviewed the record on this appeal and based thereon find ourselves in                      
               agreement with the supported position advanced by the examiner that, prima facie, the claimed                         
               catalysts encompassed by appealed claims 1 and 3 would have been obvious over the combined                            



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