Ex parte TROCCIOLA et al. - Page 5

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

          and 844, col. 3).  Thus, the claim limitation of the use of                 
          catalysts which have a single point “threshold temperature” is              
          not suggested by Brown.  Furthermore, the examiner has not                  
          provided any evidence or scientific reasoning on this record                
          why the pilot plant data (Table I.) or the discussion thereof               
          in Brown (page 844, col. 2) would have reasonably suggested                 
          conducting the selective catalytic oxidation of carbon                      
          monoxide by a method wherein the exothermic reaction is                     
          initially conducted above the “threshold temperature” in the                
          inlet portion and subsequently below that temperature in the                
          outlet portion of the catalyst bed to one of ordinary skill in              
          this art and we fail to ascertain any such reason therefrom.                
          Accordingly, the record before us supports the inference that               
          the examiner relied on information gleaned from appellants’                 
          disclosure in formulating this ground of rejection.  See In re              
          Dow Chemical, 837 F.2d 469, 473, 5 USPQ2d 1529, 1531-32 (Fed.               
          Cir. 1988).                                                                 

               The examiner’s decision is reversed.                                   

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