Ex parte MAGGARD et al. - Page 16




          Appeal No. 1996-1813                                                        
          Application No. 08/117,453                                                  
          presented separate arguments for claims 2-8 and 16-18.  Thus,               
          claims 2-8 and 16-18, all of which depend from claim 1, will                
          stand or fall with the patentability of claim 1.                            
          37 CFR § 1.192(c)(7).                                                       
               We affirm the rejection of claims 1-8 and 16-18 for                    
          reasons presented below.                                                    
               Maggard WO’762 describes a process for the determination               
          of PIANO aromatics (paraffins, aromatics, isoparafins,                      
          naphthenes and olefins) and alpha olefins constituents in                   
          complex mixtures, such as gasoline, by near infrared                        
          spectroscopy.  (Page 4, lines 5-9 and 21-24).  Instrument                   
          calibration is said to be accomplished by performing analysis               
          on known samples to determine the weighting constants or                    
          equivalents.  For example, octane measurement is said to be                 
          obtained by determining absorbance for known samples at                     
          wavelengths within each of the specific bands for each of the               
          PIANO components. (Page 7, lines 18 to page 8, line 12).  The               
          absorbance measured is subject to analysis for the                          
          determination of weighting constants.  The process is                       
          subsequently repeated for unknown samples.  (Page 8, line 13-               
          16).  Examples 1, 3 and 4 describe the use of calibration sets              
          which comprise 50 samples.  (Page 11, lines 10-14, page 14,                 
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