Appeal No. 2003-1560 Page 4
Application No. 09/899,985
In applying Takeshima as an anticipatory reference, the examiner
takes the view that the element (56) depicted in figures 7 and 8
of Takeshima is an electrochemical catalyst corresponding to and
having all of the characteristics of appellants’ claimed
electrochemical catalyst.
According to appellants, the examiner has not established
that Takeshima’s Nox absorption and release material (56) is a
substance corresponding to the claimed electrochemical catalyst
that possesses reduction promotion activity in addition to the
other claimed requirements. Concerning this matter, the examiner
(answer, pages 4 and 12) has taken the position that Takeshima
discloses such reduction functionality for the Nox absorption and
release material as evidenced by the disclosure at column 5,
lines 43-45 of the patent. However, as pointed out by appellants
(brief, page 8), the examiner’s reliance on column 5, lines 43-45
of Takeshima is misplaced since that portion of the reference is
describing attributes of the decomposition catalyst (4, fig. 1),
not characteristics of the Nox absorption and release material as
asserted by the examiner. Consequently, on this record, we will
not sustain the stated rejection.
Regarding the § 103(a) rejection of claims 1-3 and 13 over
Takeshima in view of Nishimura, the examiner’s states that:
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