Ex parte DURAND et al. - Page 4


            Appeal No. 96-3486                                                        
            Application No. 08/291,565                                                



            28.   An atomized powder as produced by the process of                    
            claim 27.                                                                 

                 The references relied upon by the examiner are:                      
            Brunelle et al. (Brunelle)  4,378,307   Mar. 29, 1983                     
            Koberstein et al. (Koberstein) 5,024,985   June 18, 1991                  

                 Claims 1-6 and 8-29 are rejected under 35 U.S.C. §                   
            103                                                                       
            as unpatentable over Brunelle and Koberstein.  We reverse                 
            and make new grounds of rejection under 37 CFR §                          
            1.196(b).                                                                 


                               The Claimed Invention                                  

                 The final rejection, the brief and examiner’s answer                 
            all summarize the invention as being directed to a                        
            process for preparing a catalyst.  But as seen from                       
            claims 1, 25, 26, 27 and 28 on appeal, the present                        
            invention is also directed to the atomized powder and                     
            catalyst produced by that process, and the use of the                     
            catalyst in catalytic conversion and/or elimination of                    
            pollutants present in exhaust gases of internal                           
            combustion engines.                                                       

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