Appeal No. 96-0088
Application No. 08/038,426
step of feeding the additive in gasoline to an internal
combustion engine.
Based upon the foregoing evaluation of Bowers ‘302, it is
our determination that the arguments and evidence for and
against patentability of the claims on appeal over Bowers ‘302
result in a finding of anticipation for claims 1, 4 through 9
and 16. Accordingly, we sustain the section 102(b) rejection
over Bowers ‘302 for claims 1, 4 through 9 and 16. We do not
sustain the section 102(b) rejection for claims 23 and 27.
We shall sustain the rejection of claims 1, 4, 5, 16, 18,
23 and 27 as anticipated by Bowers ‘050. In our view the
examiner has properly concluded that Bowers ‘050 anticipates
the claimed subject matter. Notwithstanding appellants’
argument that Bowers does not teach direct solubility in
gasoline at extremely low concentrations, Brief, page 19,
patentee teaches platinum group metal compounds which are
“directly soluble in gasoline-based fuels,” column 3, line 27.
Moreover, the platinum group metal compound is present in an
amount sufficient to supply 0.01 to 1.0 ppm of the platinum
group metal to a predetermined amount of fuel, column 3, lines
39-43. This amount corresponds to 0.01 to 1.0 mg/l. We
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