Appeal 2007-2195
Application 10/172,166
component of the gas generant composition, thereby melding the
compositions together (see col. 3, ll. 28-35). As explained by the Examiner,
nothing in the appealed claims “requires that the composition be mixed or be
homogeneous” (Answer 6, second para.). As for Appellants’ argument that
Mendenhall provides no disclosure of a gas effluent having a lesser relative
amount of NOx or carbon monoxide, it logically follows that the same
compositions will produce substantially the same effluent.
Appellants acknowledge that Mendenhall teaches that useful igniter
composition oxidizers include alkali metal chlorates and perchlorates, but
still advance the argument that the reference fails to suggest the claimed gas
generant composition comprising the specific additive, potassium
perchlorate. However, we have no doubt that Mendenhall’s disclosure of
alkali metal perchlorates would have clearly suggested the claimed
potassium perchlorate to one of ordinary skill in the art. Appellants’
argument would be more relevant to a rejection under § 102, but the
rejection at issue is under § 103.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results, which
would serve to rebut the inference of obviousness established by the applied
prior art.
In conclusion, based on the foregoing, the Examiner’s decision
rejecting the appealed claims is affirmed.
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