Ex parte DURAND et al. - Page 13


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


            considered and, here, should have been.  As mandated by                   
            the court in Rinehart, 531 F.2d at 1052, 189 USPQ at 147                  
            and Piacecki, 745 F.2d at 1742-43, 223 USPQ at 788, we                    
            have evaluated all the evidence anew.                                     
                 Experiment I compares the effect pseudo-boehmite and                 
            gamma-type alumina have on catalytic activity.  Keeping                   
            all other constituents and conditions the same, the                       
            gamma-type alumina of Example 1 of the supporting                         
            specification was substituted for pseudo-boehmite.  The                   
            results show that                                                         
            pseudo-boehmite increases the temperature at which 50% of                 
            the initial CO is converted to CO2 by 32°C.  This is                      
            indicative of decreased efficiency for catalysts                          
            employing Brunelle’s boehmite.                                            
                 Experiment II is directed at Koberstein, which                       
            teaches atomizing a refractory oxide of the type claimed,                 
            although only in combination with a cerium salt.  It                      
            compares results for a catalyst prepared by atomizing the                 
            claimed suspension                                                        
            of cerium and ferric nitrates and gamma-type alumina                      
            against a catalyst prepared the same way but, as                          
            Koberstein teaches, adding the iron salt through a post-                  

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