Appeal No. 1997-3094
Application 08/405,279
catalytic component in appellants’ claim 25 is limited to the
bulk ceria and bulk second metal oxide, Wan’s platinum group
metal catalytic component is excluded by the claim. The
examiner argues that it would have been obvious to one of
ordinary skill in the art to eliminate the platinum along with
its function (answer, pages 16-17). This argument is not well
taken because if the platinum were eliminated, the need for
the alumina particles as a support for the platinum also would
be eliminated. The catalyst composition then would not
include the bulk second metal oxide required by appellants’
claim 25. The examiner, therefore, has not established a
prima facie case of obviousness of the method recited in
claim 25 over Wan.
Rejection of claim 25 over Rudy in view of Bedford
Rudy discloses a method for treating exhaust gases from
internal combustion engines, such as gasoline fueled
automobile and other spark ignition engines, by use of a two
stage catalyst system (col. 1, lines 18-20; col. 2, line 64 -
col. 3, line 11). The examiner relies (answer, page 4) on the
upstream catalyst member which includes “a platinum catalytic
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