Ex parte LESTER et al. - Page 6




              Appeal No. 1996-2077                                                                                          
              Application 08/271,922                                                                                        
              we find no basis for the examiner’s assertion that one of ordinary skill in the art would have                
              been motivated to modify the support for the catalytic converter described by Carr to                         
              include a tortuous flow path in the manner described by Cornelison.  Cornelison teaches                       
              that the objective of the alternating series of U bends in the metal strip in the catalytic                   
              converter disclosed therein, is to allow the slow build up and retention of particles in the                  
              converter so that they can be burned off intermittently.  Cornelison,                                         
              col. 4, lines 40-56.  This design enables the particles in diesel exhaust to be distributed                   
              throughout the converter so that the “pressure drop” (the difference in pressure at the input                 
              end and the pressure at the output end of the converter) builds up slowly, thus allowing the                  
              engine to function more efficiently.  Id., and at col. 1, line 64- col. 2, line 9.  Cornelison does           
              not teach or suggest that this design would provide a more efficient and complete catalytic                   
              reaction between the exhaust gas and the oxidation catalyst which coats the strip.  Thus, it                  
              is not clear to us how the examiner arrives at his conclusion that such a modification would                  
              provide a more efficient and complete catalytic reaction between an ozone-containing gas                      
              and an ozone-decomposition catalyst.  Moreover, it is not clear to us that one of ordinary                    
              skill in the art of ozone converters would be motivated to turn to the art of catalytic                       
              converters for diesel engines to arrive at the claimed invention.  On this record, the only                   
              place where we find a suggestion to modify a support for a catalytic converter capable of                     
              destroying ozone with a “plurality of fins arranged in an axial succession of offset fin rows”                
              to provide a tortuous flow path for gases, is in the appellants’ specification.  Thus, we find                


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