Appeal No. 2004-2028
Application No. 09/423,746
inhibitor in the powder mixture of the type described in Fagiolini
‘835.
Second, even were we to agree that Regler employs both lignite
coke and/or magnesium compounds, such as magnesium oxide or
hydroxide, for the reasons different from that offered by the
appellants, our conclusion would not be altered. It is well settled
that the prior art teachings need not be combined for the purposes
or reasons contemplated by the appellants so long as there is some
motivation, or suggestion in the applied prior art references to
arrive at the claimed subject matter. In re Kemps, 97 F.3d 1427,
1430, 40 USPQ2d 1309, 1311 (Fed. Cir. 1996); In re Beattie, 974 F.2d
1309, 1312, 24 USP2d 1040, 1042 (Fed. Cir. 1992); In re Kronig, 539
F.2d 1300, 1304, 190 USPQ 425, 427-28 (CCPA 1976). As indicated
supra, we determine that the prior art references as a whole provide
ample motivation or suggestion to add lignite coke and/or the
magnesium compounds in the powder composition of the type described
in Fagiolini ‘835.
The appellants appear to argue that one of ordinary skill in
the art would have been led to inject nitrogen compounds and remove
nitrogen oxide in the waste gas purification process suggested by
the combined disclosures of Fagiolini ‘835 and Regler. See the
12
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007