Ex parte PFEFFERLE - Page 17




                 Appeal No. 1998-1493                                                                                                                   
                 Application No. 08/377,861                                                                                                             


                 (step a), and this jet is passed into the end of a flow duct                                                                           
                 to induct air into the exhaust gas (step b).  At this point,                                                                           
                 as explained in column 2 at lines 17-19, the inducted air and                                                                          
                 the exhaust gas are mixed homogeneously by the turbulator                                                                              
                 (step c).  Inherent in the turbulator evolution would be the                                                                           
                 final step of claim 8 (step d), reacting the carbon monoxide                                                                           
                 and hydrocarbons with oxygen, which would produce carbon                                                                               
                 dioxide and water.  In this regard, we note that Aronsohn also                                                                         
                 teaches using catalysts to line portions of his device to                                                                              
                 promote the desired exhaust gas cleaning reactions.                                                                                    
                          We therefore conclude that the teachings of the applied                                                                       
                 prior art establish a prima facie case of obviousness with                                                                             
                 regard to the method recited in claim 8, and the rejection of                                                                          
                 claim 8 is sustained.   In view of the appellant’s election to2                                                                                                
                 group all of the claims together (Brief, page 3), claims 9 and                                                                         
                 10 fall with claim 8, from which they depend.                                                                                          
                                                                     SUMMARY                                                                            




                          2With regard to our reliance on Aronsohn alone,                                                                               
                 anticipation is the epitome of obviousness.  See In re                                                                                 
                 Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (1982).                                                                               
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