Beckmann v. Gandhi

646 F. App'x 950
CourtCourt of Appeals for the Federal Circuit
DecidedApril 29, 2016
Docket2015-1765
StatusUnpublished

This text of 646 F. App'x 950 (Beckmann v. Gandhi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beckmann v. Gandhi, 646 F. App'x 950 (Fed. Cir. 2016).

Opinions

Opinion for the court filed by Circuit Judge LOURIE.

Opinion dissenting in part filed by Circuit Judge BRYSON.

LOURIE, Circuit Judge.

This patent appeal arises as one of a dying breed of interference proceedings before the United States Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) between Thomas Beckmann and Alexander Massner (collectively, “Beckmann”), the named inventors of U.S. Patent 7,584,605 (“the '605 patent”), and Harén S. Gandhi, John Vito Cavataio, Robert Henry Hammerle, and Yisun Cheng (collectively, “Gandhi”), the applicants of U.S. Patent Application 12/877,901 (“the '901 application”). Beck-mann appeals from the Board’s decision, which held that all of Beckmann’s claims involved in the interference, viz., claims 1-4 of the '605 patent, are unpatentable over the cited prior art, and that claims 5, 7, 8, and 10-17 of Gandhi’s '901 application satisfy the written description requirement. See Beckmann v. Gandhi Interference No. 105, 822, Paper No. 114 (P.T.A.B. July 8, 2013) (“Decision on Motions”)-, Beckmann v. Gandhi Interference No. 105,822, Paper No. 117 (P.T.A.B. Mar. 9, 2015). (“Rehearing Decision ”).

For the reasons that follow, we affirm the Board’s determination that claims 3 and 4 of the '605 patent are unpatentable as obvious over the cited prior art, and that the '901 application contains an adequate written description of the “transitioning” limitation of claims 12-17, as well as the “minimizing the oxygen content” limitation of claims 7,10, and 16. However, because the Board erred in construing claim 1 of the '605 patent as not requiring a separate and distinct third “supplying” step, we vacate its determination that [952]*952claims 1 and 2 of the '605 patent are unpatentable over the cited prior art and remand for further proceedings under the proper claim construction. Moreover, because the Board’s finding that the '901 application contains an adequate written description of the “minimizing the oxygen content ... prior to a rich cycle” limitation of claims 5, 8,11, and 17 is unsupported by substantial evidence, we vacate that finding and remand for further proceedings consistent with this opinion.

Background

I

The technology at issue relates to methods of reducing nitrogen oxide (“NOx”) emissions from internal combustion engines. When an engine operates in a lean mode, a reduced amount of fuel is provided to the cylinders, which improves fuel efficiency. But operating in the lean mode produces an exhaust gas with an excess of oxidizing constituents (“lean exhaust gas”), which decreases the effectiveness of the exhaust gas purification system, leading to NOx emissions. In contrast, a “rich exhaust gas” is one that has an excess of reducing constituents.

According to Beckmann, a prior-art solution for reducing NOx emissions involved operating the engine alternately in lean and rich modes to produce lean and rich exhaust gases. Appellants’ Br. 10. In the engine, an NOx catalytic converter (or “lean NOx trap”) stores NOx produced during the lean cycle, and then converts the stored NOx to ammonia (“NH3”) during the rich cycle. A downstream selective catalytic reduction (“SCR”) catalytic converter then stores the NH3 and reacts it with any NOx released from the NOx catalytic converter to produce nitrogen gas N2 for release into the atmosphere.

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J.A. 1453.

When the engine switches from lean to rich mode, however, the sudden change in exhaust gas composition from lean to rich causes the direct mixing of oxidizing and reducing constituents inside the cavities of the NOx catalytic converter. '605 patent col. 2 11. 15-27. Such mixing impedes the efficient reduction of NOx to NH3, and also causes the release of a large amount of NOx from the NOx catalytic converter. Id. col. 2 11. 27-35. That problem was known as “NOx spike.”

Beckmann’s '605 patent purportedly solves the NOx spike problem by interposing a third operating mode between the lean and rich modes. Id. col. 2 11. 35-45. The third operating mode takes place after the lean mode and before the rich mode, id. col. 2 11. 7-10, during which the NOx catalytic converter is supplied with an exhaust gas that has a lower content of oxidizing constituents than the lean exhaust gas and a lower content of reducing constituents than the rich exhaust gas (“intermediate exhaust gas”), id. col. 2 11. .10-14. In the third operating mode, the intermediate exhaust gas replaces the lean exhaust gas inside the cavities of the NOx catalytic converter, which mitigates the NOx spike problem. Id. col. 2 11. 46-61.

The '605 patent has four claims, among which claims 1 and 3 are independent. [953]*953Claims 2 and 4 depend from claims 1 and 3, respectively. Claim 1 reads as follows:

1. A method for purifying the exhaust gas from an internal combustion engine having an exhaust-gas purification system including a nitrogen oxide storage catalytic converter and an SCR catalytic converter downstream of the nitrogen oxide storage catalytic converter, comprising the steps of:
supplying the nitrogen oxide storage catalytic converter with exhaust gas containing an excess of oxidizing constituents [“the lean step”];
supplying the nitrogen oxide storage catalytic converter with exhaust gas containing an excess of reducing constituents [“the rich step”]; and
supplying the nitrogen oxide storage catalytic converter, between the oxidizing constituents supplying step and the reducing constituents supplying step, ioith an exhaust gas which has a lower content of oxidizing constituents than in the oxidizing constituents supplying step and a lower content of reducing constituents than in the reducing constituents supplying step [“the intermediate step”],
wherein the step between the oxidizing constituents supplying step and the reducing constituents supplying step is terminated at the earliest when the nitrogen oxide storage catalytic converter is predominantly filled by exhaust gas delivered in step between the oxidizing constituents supplying step and the reducing constituents supplying step.

Id. col. 1311.15-39 (emphases added).

Claim 3 recites the same preamble and lean and rich steps as claim i, but a different intermediate step and wherein clause, which are reproduced below.

3. ...

supplying the nitrogen oxide storage catalytic converter, between the oxidizing constituents supplying step and the reducing constituents supplying step, for a predetermined period with a constant exhaust gas composition which has a lower content of oxidizing constituents than in the oxidizing constituents supplying step and a lower content of reducing constituents than in the reducing constituents supplying step [“the intermediate step”],
wherein in step of supplying the nitrogen oxide storage catalytic converter between the oxidizing constituents supplying step and the reducing constituents supplying step, an air/fuel ratio which set to control exhaust gas composition is set to be slightly greater than 1, such that the oxidizing constituents in the exhaust gas have an oxygen excess of 1%

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Bluebook (online)
646 F. App'x 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckmann-v-gandhi-cafc-2016.