Ex Parte LESIEUR - Page 9




          Appeal No. 2002-0218                                                        
          Application No. 09/332,415                                                  

          patentability of a claimed invention); accord In re Davis, 305              
          F.2d 501, 503, 134 USPQ 256, 258 (CCPA 1962).                               
                                      CLAIM 23                                        
               With the above precedents in mind, we turn first to the                
          rejection of Claim 23 under 35 U.S.C. § 103 as being unpatentable           
          over the combined disclosures of Clawson, Narumiya, and Setzer.             
          We observe that the appellant does not dispute the examiner’s               
          finding that Clawson discloses an autothermal reformer assembly             
          useful for converting alcohol (methanol and ethanol) fuels                  
          corresponding to the claimed autothermal reformer assembly except           
          that its reforming catalyst is not supported by an open cell foam           
          carrier (support).  Compare the Answer, pages 5-6, with the                 
          Brief, pages 18-20                                                          
               The dispositive question is, therefore, whether it would               
          have been obvious to employ an open cell foam carrier to support            
          the reforming catalyst of the autothermal reformer assembly                 
          described in Clawson.  On this record, we answer this question in           
          the affirmative.                                                            
               We find that Clawson teaches that its reforming catalytic              
          materials, such as noble metals, can be supported on any carrier            
          and that the resulting reforming catalytic bed needs to be                  
          sufficiently porous to allow the passage of gases.  See page 16,            

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