Appeal No. 1997-2947
Application No. 08/352,079
catalytic converters are to be configured. Specifically, Patil requires that the two catalysts A and
B are connected via two exhaust pipes with a thermostatically-controlled three-way valve
situated between the two catalysts. (Patil, col. 9, line 64 to col. 10, line 1, col. 10, lines 49-56,
and Figure 1, parts 12 and 14). Similarly, Dunne describes directing an engine exhaust gas
stream during a cold start operation over a catalyst, flowing it over the turbine side of a
turbocharger and then over an adsorption catalyst. (Dunne, col. 2, lines 23-31). Accordingly,
both Patil and Dunne require specific catalyst configurations having valves and turbines situated
between the two catalysts and there is no suggestion in either reference for their removal. As
such, neither reference would lead one skilled in the art to optimize the distance between the
catalyst to a range of from 10 to 50 mm.
2. The Rejections over Abe
Appellants contend that Abe fails to describe the claimed gap of 10 to 50 mm between
catalyst A and adsorption catalyst B. Moreover, appellants submit that “the claimed distance
between catalysts A and B is not result effective and thus the distance would not be obvious to
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