Ex Parte GARDNER - Page 3




          Appeal No. 1998-0842                                                        
          Application No. 08/536,350                                                  


          refers, Colosimo discloses that the air filtering assembly 3 may            
          include a "catalytic postfilter means" (singular) 150, which "may           
          suitably be of the replaceable cartridge type" to clear the air             
          of "nonparticulate pollution" such as carbon monoxide, etc.                 
          (col. 6, lines 40 to 48).  This filter 150 is downstream from               
          particulate filters 35, 37, in a housing 3 which is separate from           
          engine 2.  Colosimo does not disclose that catalytic filter 150             
          should be heated, and it is not clear to us that it necessarily             
          constitutes a catalytic converter, as claimed.  However, assuming           
          that Colosimo's converter 150 may be termed a catalytic                     
          converter,1 and that it would have been obvious to heat it, in              
          view of Geiger (e.g., col. 1, lines 15 to 30), we do not agree              
          with the examiner that it would have been obvious to obtain such            
          heat by attaching it to the exhaust manifold, since there is no             
          teaching or suggestion in Colosimo, Wells or Geiger of doing so.            
          While Wells seemingly does disclose attaching a filter to the               
          exhaust manifold (col. 5, line 35), this being but one point                
          among numerous other locations on the vehicle, the Wells filter             
          is not a catalytic converter, nor does it require heat for its              



               1 Contrary to the examiner's statement, Colosimo does not              
          disclose a plurality of catalytic converters.                               
                                          3                                           





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