Ex parte HOCHMUTH - Page 10




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




               Claims 8 and 9 are rejected under 35 U.S.C. § 103 as                   
          being unpatentable over Burk in view of Laprade as set forth                
          in the examiner's rejection of claims 1 and 2 above.  Claim 8               
          adds to claim 1 the limitation that the downstream catalyst                 
          consist essentially of an oxidation catalyst while claim 9                  
          adds to claim 1 the limitation that the downstream catalyst                 
          comprise a three-way catalyst.  Both of these arrangements are              
          disclosed by Burk.  Burk clearly discloses that the second                  
          catalyst (i.e., the downstream catalyst) may be the same as                 
          the first catalyst, giving a specific example of the TWC or                 
          three-way catalyst (see page 19, lines 28-30; see also page 6,              
          lines 36 and 37, "at least one of the first and second                      
          catalysts is a three-way catalyst (TWC)").  On page 4, line                 
          11, Burk also discloses that the first catalyst (and, hence,                
          the second catalyst) may be "an oxidation catalyst."                        
               In summary:                                                            
               The rejection of claims 1, 3-5 and 8-17 under 35 U.S.C.                
          § 103 based on the combined teachings of Burk and Adamczyk is               
          reversed.                                                                   

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