Appeal No. 1997-3094
Application 08/405,279
388, 392, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991); In re De
Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984),
and the comparison must be commensurate in scope with the
claims. See In re Grasselli, 713 F.2d 731, 743, 218 USPQ 769,
778 (Fed. Cir. 1983); In re Clemens, 622 F.2d 1029, 1035, 206
USPQ 289, 296 (CCPA 1980).
For the above reasons we affirm the rejection over Wan of
claim 26 and the claims which depend therefrom.
Rejection of claim 26 over Rudy in view of Belford
Appellants argue that there is no disclosure in Rudy
directed toward use of a catalytic material consisting
essentially of a combination of ceria and a bulk second metal
oxide to oxidize volatile organic fractions in a diesel
exhaust gas stream (brief, page 14). Rudy’s teaching that his
method is effective for treating exhaust spark ignition
engines generally (col. 1, lines 18-20) would have fairly
suggested, to one of ordinary skill in the art, use of the
method to treat diesel engine exhaust. The fact that the
temperatures used, i.e., at least about 400EC to 800EC (col.
3, lines 23-26), are within the range used by appellants,
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