Appeal No. 96-3486
Application No. 08/291,565
prima facie case of
obviousness. Consequently, the rejection of claims 1-6
and
8-29 before us, directed to the methods, the atomized
powder, the catalysts made thereby and the use of the
catalyst in the conversion of pollutants present in
exhaust gases of internal combustion engines, is
reversed.
New Grounds of Rejection under 37 CFR § 1.196(b)
Under the provisions of 37 CFR § 1.196(b), we make
the following new grounds of rejection.
Claim 28 is rejected under 35 U.S.C. § 112, fourth
paragraph, as being in improper dependent form. This
claim does not include every limitation of the claim from
which it depends and could be infringed without also
infringing the basic claim (see MPEP § 608.01(n)).
Specifically, this claim is directed to “[a]n atomized
powder as produced by the process of claim 27.” The
method of claim 27, however, does not produce an atomized
powder but rather a catalyst containing a substrate and a
porous layer. Since claim 28 does not include the
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