Ex parte DURAND et al. - Page 14


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


            impregnation step instead.  Appellants show that the                      
            former catalyst, illustrating the claimed method,                         
            exhibits greater efficiency in converting carbon                          
            monoxide, nitrous oxides and hydrocarbons.  Experiment II                 
            therefore demonstrates the critical function iron salts                   
            play in improving the catalyst’s performance and that                     
            this function is enhanced  by including them in the                       
            suspension.                                                               
                 Brunelle does not teach or suggest atomizing with                    
            any of the refractory oxides listed in the claims.                        
            Koberstein teaches this but does not suggest also                         
            including iron salts. Therefore, in order to apply                        
            Brunelle, which is limited to boehmite and amorphous                      
            alumina, and Koberstein, which is limited to a                            
            crystalline alumina/cerium salt combination, against the                  
            claimed invention, one must take the position                             
            that, in the preparation of catalysts using the                           
            atomization technique, the type of refractory inorganic                   
            oxide is                                                                  
            immaterial – the result of using one is equivalent to                     
            using any other - and not affected by the presence or                     
            absence of iron salts in the atomized powder.  In light                   

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