Ex Parte PEISERT - Page 2




         Appeal No.  2003-1615                                                      
         Application No. 09/274,639                                                 

         housing, the pollution control element having an inlet, an                 
         outlet, and a face; and                                                    
              (c)  a sheet of mounting material having opposing mating              
         edges, the sheet of mounting material positioned around a                  
         majority of the face of the pollution control element between              
         the pollution control element and the housing such that at                 
         least a portion of the mating edges meet to form a seam that               
         is at a non-perpendicular angle to the inlet and the outlet                
         of the pollution control element, the seam extends from a                  
         point near the inlet to a point near the outlet of the                     
         pollution control element, and the sheet of mounting material              
         is capable of being adjusted to variations in the                          
         circumference of the element by moving the mating edges in                 
         opposing directions until the sheet of mounting material fits              
         tightly about the face of the pollution control element to                 
         prevent exhaust gases from flowing between the pollution                   
         control element and housing.                                               
              7.   A mounting mat for wrapping a pollution control                  
         element of a pollution control device, the mat comprising a                
         sheet of mounting material having opposing lateral edges                   
         substantially parallel to each other, and opposing end edges               
         substantially parallel to each other, and each of the                      
         opposing end edges being at a non-perpendicular angle to the               
         lateral edges, wherein the mat has a surface area sufficient               
         to cover and protect the pollution control element from shock              
         and vibration damage.                                                      
              The references relied upon by the examiner are:                       

         Foster et al. (Foster) 4,239,733             Dec. 16, 1980                 
         Merry                   4,929,429           May  29, 1990                 
         Corn                    5,332,609           July 26, 1994                 

              Claims 9 and 13 stand rejected under 35 U.S.C. § 112,                 
         second paragraph, as being indefinite for failing to                       
         particularly point out and distinctly claim the subject                    
         matter which appellant regards as the invention.                           
              Claims 1-5, 7-9, 12-15 and 19-20 stand rejected under                 
         35 U.S.C. §103 as being unpatentable over Merry or Corn in                 
         view of Foster.                                                            
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