Ex Parte Cutler et al - Page 2

                    Appeal 2007-4331                                                                                                     
                    Application 10/400,742                                                                                               
                            Appellants’ invention is directed to a catalyst support composed of a                                        
                    porous ceramic material.  The porous ceramic material includes a network of                                          
                    interconnected pores having a narrow pore size distribution such that greater                                        
                    than 85 percent of the total porosity of the material is from pores having a                                         
                    pore size between 5 and 30 micrometers.  Claim 1 is illustrative and                                                 
                    reproduced below:                                                                                                    

                                    1. A catalyst support for use in selective catalytic reduction                                       
                            and comprising a honeycomb body composed of a porous ceramic                                                 
                            material, and including a plurality of parallel cell channels traversing                                     
                            the body from a frontal inlet end to an outlet end thereof:                                                  
                                            wherein the porous ceramic material is defined by a                                          
                            total porosity greater than 45 vol. %, and a network of interconnected                                       
                            pores with a narrow pore size distribution of pores having more than                                         
                            85% of the total porosity has a pore size of greater than 5 micrometers                                      
                            but less than 30 micrometers and a median pore size greater than 5                                           
                            micrometers but less than 30 micrometers.                                                                    
                            The Examiner relies on the following prior art reference as evidence                                         
                    in rejecting the appealed claims:                                                                                    
                    Merkel           US 5,258,150           Nov. 2, 1993                                                                 
                            Claims 1-18 stand rejected under 35 U.S.C. § 102(b) as being                                                 
                    anticipated by Merkel.1                                                                                              


                                                                                                                                        
                    1 A rejection under the first paragraph of 35 U.S.C. § 112 was presented in                                          
                    the Final Office Action but is not repeated in the Answer.  Hence, the § 112                                         
                    rejection is considered as being withdrawn by the Examiner.  See Ex parte                                            
                    Emm, 118 USPQ 180, 181 (BPAI 1957).                                                                                  



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