Ex Parte Brundage et al - Page 1






                                       The opinion in support of the decision being entered                                          
                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            


                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                    AND INTERFERENCES                                                                
                                                        _______________                                                              
                                                Ex parte SCOTT R. BRUNDAGE                                                           
                                                    and DAVID A. KOHLER                                                              
                                                         ______________                                                              
                                                      Appeal No. 2004-19391                                                          
                                                      Application 10/120,497                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before WARREN, OWENS and PAK, Administrative Patent Judges.                                                           
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 1 through 14, 18 through 32, and 36 through 44, all of the claims in the                             
               application.                                                                                                          
                       Claims 1, 26 and 44 illustrate appellants’ invention of a method of blending unleaded                         
               gasolines, a blended gasoline composition so prepared and a gasoline composite, and are                               
               representative of the claims on appeal:                                                                               
                       1.  A method of blending unleaded gasolines which are substantially free of oxygenates,                       
               which have an octane number of at least 90(R+M)/2, and which have a Reid vapor pressure of                            
               7.00 or less, which method comprises                                                                                  
                                                                                                                                    
               1  We simultaneously enter decisions in related appeals 2004-1774 in application 10/120,421 and                       
               2004-2025 in application 10/120,498.                                                                                  

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