Ex parte MORSBACH et al. - Page 8




          Appeal No. 96-0153                                                           
          Application No. 08/014,407                                                   


          features involving "predetermined" values. The examiner's                    
          opposing view is premised upon his previously discussed                      
          unacceptable position that "these values encompass any value .               
          . . [including] the value of 0" (answer, page 6).                            
               Under these circumstances, the section 103 rejection of                 
          claims 1 through 6 as being unpatentable over the admitted                   
          prior art in view of Brand likewise cannot be sustained.                     
          The new rejection pursuant to § 1.196(b)                                     
               The last 6 lines of independent claim 1 define a                        
          limitation wherein the pulsed addition of NH  is interrupted                 
                                                       3                               
          after a predetermined number of cycles until the amount of NH3               
          stored in the catalyst has completely reacted.  This                         
          independent claim limitation is described on lines 5 through                 
          24 on specification page 5 and is referred to as a "discharge                
          phase" which compensates for differences between calculated                  
          and actual loading of the catalyst with NH .  In contrast,                   
                                                     3                                 
          claim 5, which depends from claim 1, defines a limitation                    
          wherein the claim 1 interruption in NH  "does not continue                   
                                                 3                                     
          until the NH  stored in the catalyst has completely reacted"                 
                      3                                                                
          but instead "the addition of NH  is resumed when the NO3                      x                    
          concentration downstream of the catalyst exceeds a                           
                                          8                                            





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