Appeal No. 1997-3094
Application 08/405,279
800EC (specification, page 5, lines 17-23) indicates that
Wan’s method is capable of oxidizing at least some volatile
fraction of diesel exhaust as required by appellants’ claim
26.
Claim 26 recites a catalytic material “consisting
essentially of” the recited bulk ceria and bulk second metal
oxide. The term “consisting essentially of” includes not only
what is specifically recited in appellants’ claim, but also
any other materials which do not materially affect the basic
and novel characteristics of the claimed invention. See In re
Herz, 537 F.2d 549, 551-2, 190 USPQ 461, 463 (CCPA 1976); In
re De Lajarte, 337 F.2d 870, 873-4, 143 USPQ 256, 258 (CCPA
1964); In re Janakirama-Rao, 317 F.2d 951, 954, 137 USPQ 893,
896 (CCPA 1963). The fact that Wan’s exemplary amount of
platinum, i.e., about 0.01 to about 8 wt% of the total
catalyst material (col. 12, lines 9-14), can fall within the
amount of platinum used by appellants, i.e., about 0.1 to 15
g/ft of the composition (specification, page 4, lines 33-36),3
indicates that the amounts of platinum used in Wan’s method
include amounts which do not materially affect the basic and
10
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