Appeal No. 96-0088
Application No. 08/038,426
further find that three way catalytic conversion is taught at
column 4, lines 12-20. “The increased output per unit of
gasoline burned,” necessarily results from a reduction of
unburned or partially burned fuel. Hence one obtains a
reduction in the emission of particulates. The catalytic
effect on carbon monoxide and nitrogen monoxide are likewise
taught. See column 4, lines 16-17. Furthermore Bowers’ use
of an internal combustion engine results in meeting the
requirements of the subject matter of claim 23. See Example
1. Based upon the above considerations the 102(b) rejection
over Bowers ‘050 is sustained.
We next consider the rejection of claims 1, 4 through 12,
14, 16 and 23 as anticipated by Robinson ‘483 under 35 U.S.C.
§ 102(b). We shall likewise sustain this rejection. Patentee
discloses a gasoline additive in the appropriate concentration
of 9 p.p.m., corresponding to 9 mg/l, column 5, line 38, using
alkali metal perrhenates including potassium and rubidium
salts. We find that this concentration meets the claimed
requirement of, “about 10 mg/l.” See Titanium Metals Corp. of
America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed.
Cir. 1985). Catalytic activity within the meaning of the
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