Ex parte TROCCIOLA et al. - Page 4

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

          given temperature range and, with respect to a threshold                    
          temperature within that range, of being rapidly inactivated                 
          when exposed to high carbon monoxide concentrations above the               
          threshold temperature as well as incapable of reducing the                  
          carbon monoxide concentration to the minimum level when                     
          exposed to carbon monoxide below the threshold temperature.                 
          Such a reading is clearly consistent with the specification                 
          which recites the same definition (page 4) and discloses a                  
          catalyst in the same terms that has a threshold temperature of              
          “about 220EF” (pages 10 and 13).  Accordingly, we reverse the               
          ground of rejection based on ' 112, second paragraph.                       
               Turning now to the ground of rejection based on ' 103, we              
          have carefully reviewed the record on this appeal and based                 
          thereon conclude that the examiner has failed to establish                  
          that Brown in its entirety would have reasonably suggested the              
          method of appealed claim 1 as a whole to one of ordinary skill              
          in this art at the time the claimed invention was made and                  
          thus has not made out a prima facie case of obviousness.                    
               In comparing the claimed invention as a whole with the                 
          teachings of Brown, we observe that appellants have described               
          the “threshold temperature” as being a single temperature                   
          point within a range.  They have used this same language to                 
          describe the disclosure of Brown in their specification (pages              
          1-3).  However, it is apparent to us that Brown discloses a                 
          general “selectivity zone” for catalysts that can be used to                
          selectively oxidize carbon monoxide which is a temperature                  
          range of 266EF to 320EF. that can vary with variations in the               
          oxygen concentration and falls within the temperature range of              
          250E to 350EF suggested for the catalyst bed of the first                   
          stage of the proposed two stage reactor (pages 842, col. 3,                 

                                        - 4 -                                         

Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007