Ex Parte Krodel et al - Page 5



          Appeal No. 2005-0715                                                        
          Application No. 09/725,428                                                  

          “determining with a second detector . . . at the exit of the                
          purification system . . . . ” Significantly, the waste gas                  
          purification system of claim 1 comprises a combustion chamber               
          followed by a sorbtion chamber.                                             
               Thus, in order to comply with the first and second detector            
          steps recited in the appealed independent claim, the method of              
          Rossin would have to be modified to include use of a first                  
          detector for measuring the type and amount of selected harmful              
          substances in the process waste gas before the waste gas enters             
          patentee’s catalytic oxidation chamber (which the examiner                  
          analogizes to the here claimed combustion chamber).  However, the           
          Kisters reference contains no teaching or suggestion of using a             
          detector for measuring substances in process waste gas before the           
          waste gas enters a waste gas purification system which comprises            
          a combustion chamber followed by a sorbtion chamber as required             
          by the claim before us.  Rather, consistent with the examiner’s             
          discussion of this reference and the obviousness conclusion based           
          thereon, Kisters’ most upstream use of a detector occurs before             
          the waste gas enters his absorber (e.g., see figure 1 and the               
          specification disclosure relating thereto).  Therefore, even if             
          the teachings of Rossin and Kisters were combined, the result               
          would be a method in which first detector measuring would occur             
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