Appeal No. 2006-0583
Application No. 10/322,008
24. A method of making a pollution control device, said method comprising:
providing a flexible and self-supporting insulating end cone comprising resilient and
compressible non-intumescent or intumescent insulating material, the insulating end cone
having a three dimensional cone shape; and
disposing the insulating end cone between inner and outer end cone housings of the
pollution control device,
wherein the insulating end cone maintains its three dimensional cone shape under the
force of gravity, when placed on a level surface prior to said disposing.
The prior art set forth below is relied upon by the examiner as evidence of obviousness:
Mocker et al. (Mocker) 3,058,160 Oct. 16, 1962
Farr 3,598,157 Aug. 10, 1971
Admitted prior art as set forth on pages 1-2 of the instant specification
Claims 24-28, 30, 31, and 46 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over the admitted prior art in view of Farr, and claims 32-34 are correspondingly
rejected over the aforementioned prior art and further in view of Mocker.
We refer to the brief and to the answer for a complete discussion of the opposing
viewpoints expressed by the appellants and by the examiner concerning the above noted
rejections.
OPINION
For the reasons which follow, we will sustain each of these rejections.
As an initial matter, the appellants argue that the examiner has improperly designated
and relied upon certain aspects of the specification disclosure as admitted prior art and in
particular as “some admission regarding the need to improve the method of making a pollution
control device.” (Brief, page 12). However, as revealed by the answer generally and pages 2,
2
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