Ex Parte Rosynsky et al - Page 2

                 Appeal 2007-2233                                                                                        
                 Application 10/228,754                                                                                  

                        We reverse the decision of the Primary Examiner.                                                 
                        Claim 17 illustrates Appellants’ invention of a method for applying a                            
                 catalyst composition to an interior of a hollow substrate, and is                                       
                 representative of the claims on appeal.                                                                 
                 17.  A method for applying a catalyst composition to the  interior of a                                 
                 hollow substrate comprising:                                                                            
                        coating the interior of a hollow substrate with a catalytic  composition                         
                 by partially immersing an end the substrate into a vessel  containing a bath                            
                 of coating slurry and applying a vacuum to the partially immersed substrate                             
                 at an intensity and time sufficient to draw the coating slurry upwardly from                            
                 the bath into the interior of the hollow substrate:                                                     
                        removing the substrate from the bath;                                                            
                        rotating the substrate 180º; and                                                                 
                        then applying a blast of air to the end of the substrate which had been                          
                 immersed into the slurry to distribute the catalytic composition therewithin.                           
                        The Examiner relies on the evidence in these references:                                         
                 Hoyer     US 4,038,939          Apr. 2, 1977                                                            
                 Watanabe    US 5,182,140          Jan. 26, 1993                                                         
                 Rosynsky    WO 97/48500 A1          Dec. 24, 1997                                                       
                        The Examiner applies Rosynsky in view of Watanabe to claim 17, one                               
                 of two independent claims, and other claims under 35 U.S.C. § 103(a), and                               
                 these references further combined with Hoyer with respect to other claims                               
                 under 35 U.S.C. § 103(a), the two grounds of rejection submitted for review                             
                 on appeal by Appellants (Answer 3-7; Br. 5).  We decide this appeal on                                  
                 independent claim 17.  37 C.F.R. § 41.37(c)(1)(vii) (2005).                                             
                        The claimed method comprises at least the steps of, among other                                  
                 things, coating the interior of a substrate by partially immersing an end                               
                 thereof into a vessel containing the composition and applying a vacuum to                               
                 the substrate to draw the composition upward into the interior of the                                   

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