Appeal No. 2005-2168 Παγε 6
Application No. 10/122,616
carbon filter of JP ‘575 is inherently disorbable when heated to a temperature in the
range between 120 and 180 degrees.
As such, the burden has shifted to the appellant to prove that the carbon fiter of
JP ‘575 is not disorbable when heated to a temperature in the range between 120 and
180 degrees. The appellant has not come forward with any evidence to satisfy this
burden. In fact, appellant does not challenge the finding of the examiner that JP’575 is
inherently desorbable when heated but rather argue that even though the property may
be inherent, this does not mean that the property was known or harnessable by anyone
in the prior art.
This argument is not persuasive because there is no requirement that the
inherent feature in the prior art references be known to establish a prima facie case of
anticipation.
In view of the foregoing, we will sustain the examiner’s rejection of claim 12.
We turn next to the examiner ‘s rejection of claims 5, 7, 9, 10 under 35 U.S.C.
§ 103 as being unpatentable over JP’575 in view of JP’137. Recognizing that JP’575
does not describe a honeycomb structure, as recited in claim 5, the examiner relies on
JP’137 for teaching a honeycomb catalyst structure including a ceramic support,
titanium oxide and a zeolite. The examiner concludes:
. . . it would have been obvious to a person having ordinary skill in the art
to substitute a honeycomb catalyst structure including a ceramic support
and a zeolite for the carbon fiber support of Japanese ‘575, in view of the
teaching of Japanese ‘117 [sic] [Answer at page 5].
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