Ex parte VOSS et al. - Page 13




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


          i.e., about 100-800EC, indicates that Rudy’s method is capable              
          of oxidizing at least some volatile hydrocarbon fraction as                 
          required by appellants’ claim 26.  Rudy’s catalyst includes                 
          platinum in an amount which Rudy does not disclose as being                 
          limited.  However, because 1) Rudy’s method treats spark                    
          ignition engine exhaust using a catalyst which contains both                
          of appellants’ bulk ceria and bulk alumina, 2) platinum can be              
          included in appellants’ catalyst, and 3) Rudy’s operating                   
          temperatures are within the range used by appellants, it                    
          reasonably appears that Rudy’s platinum would not materially                
          affect the basic and novel characteristics of appellants’                   
          catalytic material.                                                         
               Appellants argue that minor amounts of a precious metal                
          can enhance oxidation of oxidizable gaseous components while                
          minimizing the oxidation of SO  to SO  (brief, pages 14-15).2      3                                      
          This argument is not convincing because appellants’ claims do               
          not require that SO  oxidation is minimized, and no comparison              
                             2                                                        
          with the closest prior art has been provided which                          
          demonstrates that this characteristic is an unexpected result.              
               For the above reasons, we affirm the rejection over Rudy               


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