Ex Parte Adamczyk et al - Page 2



          Appeal No. 2005-1236                                                        
          Application No. 10/065,796                                                  

          propriety of the examiner’s rejections below based on this claim            
          alone in accordance with 37 CFR § 1.192(c)(7) (2003) and 37 CFR             
          § 41.37(c)(1)(vii)(2004).  See In re McDaniel, 293 F.3d 1379, 1384,         
          63 USPQ2d 1462, 1465-66 (Fed. Cir. 2002).  Claim 1 is reproduced            
          below:                                                                      
                    1.     A method for removing low molecular weight                 
               hydrocarbons from an exhaust gas of an internal combustion             
               engine, the method comprising:                                         
                    a)     contacting the exhaust gas with a water-removing           
               composition; and                                                       
                    b)     contacting the exhaust gas at a position                   
               downstream from the water-removing composition with a                  
               hydrocarbon-removing material to remove at least some of the           
               hydrocarbons from the exhaust gas;                                     
                    wherein the hydrocarbon-removing material has a                   
               sufficiently low Si to Al atom ratio that less than about 50%          
               of the low molecular weight hydrocarbons desorb from the               
               hydrocarbon-removing material at a temperature of about 250oC.         
               In support of his rejections, the examiner relies on the               
          following prior art references:                                             
          Minami et al. (Minami)        5,140,811           Aug. 25, 1992             
          Hertl et al. (Hertl)          5,417,947           May  23, 1995             
               Claims 1 through 25 stand rejected under 35 U.S.C. § 102(b) as         
          anticipated by the disclosure of Hertl.  Claims 1 through 25 stand          
          rejected under 35 U.S.C. § 103(a) as unpatentable over the combined         
          disclosures of Hertl and Minami.                                            

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