Ex parte SHUSTOROVICH et al. - Page 13




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


          rejection of claims 23 and 27.  We find that Bowers teaches a               
          fuel soluble additive of the platinum group metals, which                   
          compound, H PtCl .6H O performs all the functions and has each              
                     2   6   2                                                        
          of the characteristics required by the claimed subject matter.              
          Appellants’ principal argument in his Brief, page 17, (also                 
          see his specification, page 14) is that platinum hydrochloric               
          acid hexahydrate is “too readily soluble in gasoline.”  As we               
          interpret the claimed subject matter, it requires only that                 
          the “at least one compound” be directly soluble in gasoline in              
          a concentration of 0.01 to 10 mg/l. Clearly H PtCl .6H O is                 
                                                       2    6  2                      
          soluble in gasoline in these concentrations and we so find.                 
          The fact that it is more soluble than required by the                       
          concentration stated in the claimed subject is irrelevant to                
          the issue at hand.  We find that the aforesaid platinum                     
          hydrochloric acid hexahydrate, H PtCl .6H O, has all the                    
                                          2    6  2                                   
          requisite characteristics of the claimed subject matter.  The               
          record before us is devoid of any statement or findings by                  
          appellants that it would not meet the requirements of the                   
          claimed subject matter.  These findings however are not                     
          applicable to claim 23.  Bowers ‘302 does not teach a method                


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