Ex Parte Okumura et al - Page 3



          Appeal No. 2006-0446                                                        
          Application No. 09/778,103                                                  

          appellants, we will adopt the examiner’s reasoning as our own.              
          We add the following for emphasis only.                                     
               There is no dispute that Lauder, like appellants, discloses            
          a catalyst composition for purifying exhaust gases from internal            
          combustion engines comprising the presently claimed metal oxide             
          compounds, iridium, and either calcium or strontium.  As                    
          recognized by the examiner, Lauder does not teach the presence of           
          sulfur in the catalyst composition.  However, the examiner                  
          properly finds that Shigeru “teaches the suitability of sulfated            
          supports as carriers for catalysts in the purification of exhaust           
          gases and further teaches the equivalence of these sulfated                 
          supports to the alumina, zirconia, and silica supports taught by            
          Lauder” (page 4 of answer, last full sentence).  Accordingly,               
          based on the collective teachings of Lauder and Shigeru, we find            
          that the examiner has formed the appropriate legal conclusion               
          that “[b]ecause of the art recognized functional equivalence of             
          the sulfated supports taught by Shigeru et al. to the supports              
          taught by Lauder as carriers for catalysts useful in the                    
          purification of exhaust gases, it would have been obvious to one            
          of ordinary skill to have substituted one known component for the           
          other in the catalyst taught by Lauder” (sentence bridging pages            
          4 and 5 of the answer).                                                     
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