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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