Ex Parte Katashiba et al - Page 2




          Appeal No. 2003-1560                                       Page 2           
          Application No. 09/899,985                                                  


                                     BACKGROUND                                       
               Appellants' invention relates to an internal combustion                
          engine exhaust gas purification device including several                    
          catalysts.  An understanding of the invention can be derived from           
          a reading of exemplary claim 1, which is reproduced below.                  
                    1. A device for purifying exhaust gas of an                       
               internal combustion comprising:                                        
                    first and second three-way catalysis for purifying                
               exhaust gas in an exhaust systme of the internal                       
               engine;                                                                
                    an electrochemical catalyst interposed between the                
               first and second three-way catalysts, said                             
               electrochemical catalyst including an electron                         
               conducting substance and an ion conducting substance                   
               for promoting an oxidizing reaction and an reducing                    
               reaction by the conduction of ions and electrons to                    
               thereby electrochemically purify the exhaust gas in the                
               exhaust system.                                                        

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Takeshima et al. (Takeshima)       5,388,406      Feb. 14, 1995             
          Schmelz                            5,628,186      May  13, 1997             
          Nishimura et al. (Nishimura)       6,116,208      Sep. 12, 2000             
          Murphy et al. (Murphy)             6,122,909      Sep. 26, 2000             
               Claims 1-3 and 13 stand rejected under 35 U.S.C. § 102(b) as           
          being anticipated by Takeshima.  Claims 1-3 and 13 stand rejected           
          under 35 U.S.C. § 103(a) as being unpatentable over Takeshima in            
          view of Nishimura.  Claims 4 and 5 stand rejected under 35 U.S.C.           









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