Ex parte HOCHMUTH - Page 2




          Appeal No. 98-1310                                                          
          Application 08/368,685                                                      



          the application.2                                                           


               The appellant's invention pertains to a method for                     
          treating automotive engine exhaust gases and to an exhaust gas              
          treatment system.  Claims 1 and 10 are further illustrative of              
          the appealed subject matter and a copy thereof may be found in              
          the appendix to the brief.                                                  
               The references relied on by the examiner are:                          
          Laprade et al. (Laprade)           4,007,718           Feb. 15,             
          1977                                                                        
          Adamczyk, Jr. et al. (Adamczyk) 5,373,696         Dec. 20, 1994             
          Burk et al. (Burk)3           WO 94/11623              May  26,             
          1994                                                                        
               The answer states that the following rejections are                    
          applicable to the claims on appeal:4                                        
               Claims 1, 3-5 and 8-17 under 35 U.S.C. § 103 as being                  

               Independent claims 1 and 10 have been amended subsequent to final2                                                                     
          rejection by an amendment filed on May 17, 1997 (Paper No. 11).             
               The examiner has incorrectly referred to this reference by the name of3                                                                     
          the applicant (Engelhard), rather than by the name of the inventors (Burk et
          al.).                                                                       
               In response to the amendment filed subsequent to final rejection the4                                                                     
          examiner indicated that the final rejection of the appealed claims under    
          35 U.S.C. § 112, second paragraph, had been overcome (see the advisory action
          mailed June 5, 1997 (Paper No. 12)).                                        
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