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.
Reversed
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