Ex Parte MA - Page 5




            Appeal No. 2003-0659                                                                       
            Application 09/463,540                                                                     


            page 9).  Alcorn’s teaching that the reducing gas and the exhaust                          
            gas are thoroughly mixed in the space between the catalyst                                 
            carriers (col. 5, lines 21-23) indicates that the examiner’s                               
            reasoning is incorrect.                                                                    
                  The examiner, therefore, has not carried the burden of                               
            establishing a prima facie case of anticipation over Alcorn of                             
            the invention claimed in any of the appellant’s claims.                                    
                       Rejection under 35 U.S.C. § 102(e) over Hartweg                                 
                  Hartweg discloses a device for reducing pollutants in                                
            internal combustion engine exhaust gas (col. 1, lines 7-20).  “By                          
            adding reducing agent at a point after which the catalyst no                               
            longer has any catalytic effect with respect [to] at least one of                          
            the pollutants, the reduction of pollutants, particularly of                               
            nitrogen oxides, can be increased to more than 40%” (col. 1,                               
            lines 42-46).  In one embodiment there are three catalyst                                  
            segments, the first two being separated by space 8 and the second                          
            two being separated by space 8' (figure 3).  Reducing agent is                             
            introduced through a nozzle ring into space 8 and through an                               
            atomizing nozzle into space 8' (col. 3, lines 36-41).  Hartweg                             
            teaches that “[t]he reducing agent flows into the respective                               
            space 8 and 8' and mixes with the already partially purified                               
            exhaust gas.  The space 8 and 8' can therefore also be regarded                            
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