Ex Parte La Point - Page 5


               Appeal No. 2003-1830                                                                                                   
               Application 09/534,101                                                                                                 

               (CCPA 1977) (“Because any sample of Hansford’s calcined zeolitic catalyst would necessarily be                         
               cooled to facilitate subsequent handling, the conclusion of the examiner that such cooling is                          
               encompassed by the terms of the appealed claims was reasonable. . . . [T]he board necessarily                          
               considered Hansford’s disclosure of a gas ‘stream’ as equivalent to a disclosure of the removal of                     
               generated ammonia from contact with the zeolite.”).  Because the examiner has not carried this                         
               burden with respect to the claimed product encompassed by the zone limitation and all of the                           
               other limitations of appealed claim 1, we reverse the ground of rejection with respect to appealed                     
               claims 1 through 8 and 10 through 13.                                                                                  
                       The examiner’s decision is reversed.                                                                           
                                                              Reversed                                                                







                                       CHARLES F. WARREN                              )                                               
                                       Administrative Patent Judge                    )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                       PAUL LIEBERMAN                                 )   BOARD OF PATENT                             
                                       Administrative Patent Judge                    )        APPEALS AND                            
                                                                                      )      INTERFERENCES                            
                                                                                      )                                               
                                                                                      )                                               
                                       JEFFREY T. SMITH                               )                                               
                                       Administrative Patent Judge                    )                                               







               Christie, Parker & Hale, LLP                                                                                           

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