Ex Parte Galligan et al - Page 6

               Appeal 2007-1018                                                                       
               Application 10/376,782                                                                 

               presented no objective evidence of unexpected results pertaining to the use            
               of a ceramic substrate instead of the metal substrate of Ishida.  While                
               Appellants point out that Fukui "utilizes chemical vapor deposition to form a          
               catalyst bonding layer on the surface of a base material" (page 12 of Brief,           
               last para.), and not the molten metal spraying of Ishida and Rondeau,                  
               Appellants have not explained why this difference in the choice of                     
               deposition techniques would have rendered nonobvious the use of a ceramic              
               material, a known catalyst substrate, for the substrate of Ishida's apparatus.         
               Contrary to the argument made by Appellants, the Examiner's rejection does             
               not call for an addition of a ceramic base material to the metal substrate of          
               Ishida but, simply, the substitution of one known catalyst substrate for               
               another. (See para. bridging pages 12 and 13 of Brief).                                
                    In conclusion, based on the foregoing and the reasons set forth by the            
               Examiner, the Examiner's decision rejecting the appealed claims is affirmed.           
                    No time period for taking any subsequent action in connection with                
               this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.             
               13, 2004).                                                                             
                                             AFFIRMED                                                 

               cam                                                                                    
               Engelhard Corporation                                                                  
               101 Wood Avenue                                                                        
               P. O. Box 770                                                                          
               Iselin, NJ  08830                                                                      




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