Ex Parte GARDNER - Page 4




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


          operation, but rather is a container 14 full of pellets 13, which           
          entrap particulates from the ambient air passing through them.              
          According to Wells, these containers can be attached around the             
          engine and anywhere else on the vehicle where they will be                  
          exposed to flowing polluted ambient air; see, e.g., col. 3, line            
          61, to col. 4, line 2.  It is not evident to us why Wells'                  
          disclosure would have made it obvious to one of ordinary skill to           
          attach the Colosimo catalytic converter 150 to the exhaust                  
          manifold as a source of heat; rather, we view any such suggestion           
          as being the result of improper hindsight, based on information             
          gleaned from appellant's own disclosure.                                    
               The rejection of claims 1 to 11 therefore will not be                  
          sustained.                                                                  
          Rejection Pursuant to 37 CFR § 1.196(b)                                     
               Pursuant to 37 CFR § 1.196(b), claim 4 is rejected under               
          35 U.S.C. § 102(b) as anticipated by Olivo.                                 
               Claim 4 reads:                                                         
               In combination in a motor vehicle:                                     
                    an internal combustion engine;                                    
          a catalytic converter;                                                      
          a flared scoop located beneath said motor vehicle for                       
          funneling ambient pollutants to said catalytic converter.                   

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