Ex Parte Schwefer et al - Page 5

                Appeal 2007-0280                                                                               
                Application 10/469,392                                                                         
                      (2) Audeh defines “exhaust gas” as meaning “any waste gas which is                       
                          formed in an industrial process or operation and which is normally                   
                          disposed of by discharge to the atmosphere” and teaches that the                     
                          composition of such a gas varies and depends on the particular                       
                          process (col. 3, ll. 24-32);                                                         
                      (3) Audeh teaches that exhaust gases treated by his process include                      
                          gases from coal or gas-fired furnaces, boilers, and incinerators, as                 
                          well as the manufacture of nitric acid (col. 1, ll. 41-52);                          
                      (4) Audeh teaches a conversion of greater than about 80% or more of                      
                          “the nitrogen oxides and the ammonia” in the exhaust gas to                          
                          innocuous compounds (col. 9, ll. 44-50); and                                         
                      (5) Swaroop discloses treatment of gases such as those from power                        
                          plants, refineries, and boilers, to remove NOx  gases by contacting                  
                          these gases with an iron-zeolite catalyst with an average pore size                  
                          of 5-6 Angströms, an ammonia reducing agent in a mole ratio of                       
                          ammonia to NOx of about 0.8 to 1.2/1, at a temperature of about                      
                          300-600ºC to produce conversions of at least about 90% (abstract;                    
                          2:54; and 3:41-51; Answer 5).                                                        
                      Under § 102(b), anticipation requires that the prior art reference                       
                disclose, either expressly or under the principles of inherency, every                         
                limitation of the claims.  See In re King, 801 F.2d 1324, 1326, 231 USPQ                       
                136, 138 (Fed. Cir. 1986).  An inherent disclosure, to be regarded as an                       
                anticipation, is a disclosure that is necessarily contained in the prior art, and              
                would be so recognized by a person of ordinary skill in that art.  See                         
                Continental Can Co. U.S.A., Inc. v. Monsanto Co., 948 F.2d 1264, 1268-69,                      
                20 USPQ2d 1746, 1749-50 (Fed. Cir. 1991).  A statement by applicant that                       

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