Ex Parte Wagner et al - Page 4

                Appeal 2006-2735                                                                              
                Application 10/758,552                                                                        

                zirconium dioxide (Answer 4).  The Examiner cites the Silver reference for                    
                describing improved catalyst compositions comprising cerium oxide and                         
                zirconium oxide support material (Answer 5).  Silver, like Igarashi, discloses                
                catalyst compositions useful in water gas shift reactions and in the                          
                production of hydrogen.  Silver discloses that metals such as platinum and                    
                rhenium are suitable for being supported on the described catalyst support                    
                material (Silver, col., 6, ll. 20-31).                                                        
                      Appellants argue that neither Igarashi, nor Silver taken alone or in                    
                combination teach or suggest all the limitations of the claimed invention.                    
                Specifically, Appellants argue that Igarashi provides a closed recitation of                  
                possible metal oxide supports for use in the catalysts which exclude ceria                    
                (Br. 3).  Appellants further argue that the Silver reference does not suggest                 
                that combinations of metals could be used on the described support material                   
                (Br. 4).                                                                                      
                      Appellants’ arguments are not persuasive.  The Examiner did not rely                    
                on the Igarashi reference for describing the catalyst support material.  The                  
                Silver reference has been relied upon for the disclosure of the catalyst                      
                support material.  The Igarashi reference is evidence that persons of ordinary                
                skill in the art would have recognized that a catalyst could comprise                         
                mixtures of platinum and rhenium on the same support material.  The Silver                    
                reference is evidence that a person of ordinary skill in the art would have                   
                reasonably expected that catalysts comprising platinum and rhenium would                      
                have been suitable for support on an oxide material comprising cerium and                     
                zirconium (see Silver, col. 6, ll. 20-31).  Further, the idea of using mixtures               
                of the metal catalysts on the support material described in the Silver                        


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