Ex parte TROCCIOLA et al. - Page 3

          Appeal No. 94-4217                                                          
          Application 07/853,663                                                      

          the inlet portion and below the same threshold temperature in               
          the outlet portion.                                                         
               The reference relied on by the examiner is:                            
          Marion L. Brown, Jr., & Albert W. Green, “Purifying Hydrogen                
          by ... Selective Oxidation of Carbon Monoxide,” 52 Industrial               
          and Engineering Chemistry, no. 10, 841-44 (October 1960)                    
               The examiner has rejected claims 1 through 6 on appeal                 
          under 35 U.S.C. ' 112, second paragraph, as being indefinite                
          for failing to particularly point out and distinctly claim the              
          subject matter which applicants regard as the invention, and                
          under 35 U.S.C. ' 103 as being unpatentable over Brown.  We                 
               Rather than reiterate the respective positions advanced                
          by the examiner and appellants, we refer to the examiner’s                  
          answer and to appellants’ brief for a complete exposition                   
               In analyzing appealed claim 1 with respect to the                      
          compliance thereof with the requirement of ' 112, second                    
          paragraph, we are guided by the directive of our reviewing                  
          court that “[t]he operative standard for determining whether                
          this requirement is met is ‘whether those skilled in the art                
          would understand what is claimed when the claim is read in                  
          light of the specification’.”  The Beachcombers, International              
          v. WildeWood Creative Products,  31 F.3d 1154, 1158, 31 USPQ2d              
          1653, 1656 (Fed. Cir. 1994), quoting Orthokinetics Inc v.                   
          Safety Travel Chairs Inc.,  806 F.2d 1565, 1576, 1 USPQ2d                   
          1081, 1088 (Fed. Cir. 1986).  Indeed, we are of the view that               
          one skilled in this art would read the claim to require a                   
          catalyst which has the characteristics of oxidizing carbon                  
          monoxide in an exothermic reaction at temperatures within a                 

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