Ex parte VOSS et al. - Page 8




          Appeal No. 1997-3094                                                        
          Application 08/405,279                                                      


          component disposed on an activated alumina refractory support,              
          a platinum catalytic component disposed on an alumina-                      
          stabilized bulk ceria support, and a rhodium catalytic                      
          component disposed on an activated alumina support” (col. 5,                
          line 65 - col. 6, line 2).  Bedford is relied upon (answer,                 
          pages 5-6) for a disclosure of the ceria particle size                      
          required by claim 25 (col. 2, lines 57-58).  We note that Wan               
          is incorporated by reference in Rudy (col. 7, lines 22-24).                 
          See In re Howarth, 654 F.2d 103, 106, 210 USPQ 689, 692 (CCPA               
          1981); In re Lund, 376 F.2d 982, 989, 153 USPQ 625, 631 (CCPA               
          1967).  Wan discloses high surface area ceria which is                      
          suitable for treating combustion exhaust gas and which has a                
          surface area of at least about 100 m /g (col. 10, lines 13-2                                       
          16).                                                                        
          The examiner argues that it would have been obvious to one                  
          of ordinary skill in the art to eliminate Rudy’s platinum                   
          (and, apparently, also the rhodium) along with its function                 
          (answer, page 18).  This argument is not persuasive because                 
          Rudy’s bulk ceria and alumina are merely supports for the                   
          platinum and rhodium catalytic components.  Thus, if the                    


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