Appeal No. 96-0153
Application No. 08/014,407
The portion of the specification disclosure above
referred to by the examiner relates to the upper threshold
value of the amount of NH stored in the catalyst. The
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appellants' disclosed correlation between this upper threshold
amount and catalyst properties is logical and rational since
the amount of NH that can be stored in a catalyst clearly
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depends upon such properties as the NH adsorption capability
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of the particular catalyst in
question. This would have been appreciated by one with
ordinary skill in the art as evinced, for example, by the
teaching on lines 34 through 38 in column 1 of Brand.
We appreciate that experimentation may be required in
order to determine the NH amount that can be stored or
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adsorbed by a particular catalyst; the appellants expressly
disclose as much (e.g., see lines 12 and 13 on specification
page 4). Nevertheless, the mere fact that experimentation,
even a considerable amount of experimentation, is involved
does not necessarily support a conclusion that the required
degree of experimentation is "undue". See In re Angstadt, 537
F.2d 498, 504, 190 USPQ 214, 219 (CCPA 1976) and Ex parte
Forman, 230 USPQ 546, 547 (Bd. Pat. App. & Int. 1986). On
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