Ex parte SHUSTOROVICH et al. - Page 11




          Appeal No. 96-0088                                                          
          Application No. 08/038,426                                                  


          must have a solubility within the range of the claimed subject              
          matter or a solubility greater than the range set forth in the              
          claimed subject matter provided only that it is soluble in an               
          amount falling within the range of the claimed subject matter.              
          The compound must be capable of being deposited downstream of               
          a combustion chamber.  However, this does not preclude the                  
          compound from also being deposited elsewhere such as in a                   
          combustion chamber.  Finally, the compound must be capable of               
          functioning as at least one compound of a three way metal                   
          catalyst, which catalyst effects the simultaneous oxidation of              
          carbon monoxide, unburned hydrocarbons and reduction of                     
          nitrogen oxides.  However, we find no requirement in the                    
          claimed subject matter before us that the compound necessarily              
          perform all three catalytic functions.  Accordingly, we will                
          now consider the individual rejections under section 102(b).                
               We will sustain the rejection of claims 1, 4, 5, 7, 16,                
          23 and 27 as anticipated by Lyons under 35 U.S.C. § 102(b).                 
          Lyons is directed to a gasoline additive.  See Demonstrations,              
          page 3, column 1.  The additive, an organo-metallic compound,               
          is preferably soluble in the motor fuel, and effective                      
          catalytically in increasing the efficiency of the fuel                      
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