Ex Parte Brundage et al - Page 2


               Appeal No. 2004-2025                                                                                                  
               Application 10/120,498                                                                                                

                       1.  A method of blending unleaded gasolines which are substantially free of ethers, 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                                                                                          
                       (a)  blending some or all gasoline component streams from an oil refinery and keeping                         
               the blend substantially free of ether compounds, and with a sulfur content of less than 10 ppmw,                      
               and                                                                                                                   
                       (b)  controlling the blending of the streams such that the blended unleaded gasoline is in                    
               compliance with a California Predictive Model.                                                                        
                       3.  The method of claim 1, wherein testing of the blended unleaded gasoline is conducted                      
               for compliance with the California Phase 2 or Phase 3 Predictive Model, and necessary                                 
               adjustments in the blends based on results of the testing are made to maintain compliance with                        
               the California Phase 2 or Phase 3 Predictive Model.                                                                   
                       26.  A blended gasoline composition prepared by the method of Claim 1.                                        
                       44.  A gasoline composite which is substantially free of oxygenates, is in compliance                         
               with the California Predictive Model, and has an octane number of at least 90(R+M)/2, and a                           
               sulfur content of less than 10 ppmw sulfur.                                                                           
                       The references relied on by the examiner are:                                                                 
               Jessup et al. (Jessup)                        5,288,393                             Feb. 22, 1994                   
               Kaneko et al. (Kaneko)                        5,401,280                             Mar. 28, 1995                   
               13 California Code of Regulations § 2262 et seq. (Phase 3 reformulated gasoline standards).3                          
                       The examiner has advanced the following grounds of rejection on appeal:                                       
               claims  1 through 14, 18 through 32, and 36 through 47 stand rejected under 35 U.S.C. § 103(a)                        
               as being unpatentable over Jessup in view of Kaneko and the Phase 3 reformulated gasoline                             
               standards (answer, pages 3-5); and                                                                                    
               claims 1 through 14, 18 through 32, and 36 through 47 stand rejected as specified in the answer                       
               (pages 8) as unpatentable over certain claims in certain United States Patents, and provisional                       
               rejected as specified in the answer (pages 5-9) as unpatentable over certain claims in certain                        


                                                                                                                                    
               3  We do not find in the official file of this application a copy of 13 CCR §2262. The California                     
               Reformulated Gasoline Phase 2 and Phase 3 Standards, in effect as of the filing date of this                          
               application. We note that specification Table 1 tabulates the “Properties and Specifications for                      
               Phase 2 Reformulated gasoline” and that specification Table 2 tabulates the “Properties and                           
               Specifications for Phase 3 Reformulated gasoline,” and the specification further explains the                         
               regulations (page 6, l. 3, to page 12, l. 23).  There being no dispute in this respect, we consider                   
               the information in specification Table 1 as the Phase 2 reformulated gasoline standards, and the                      
               information in specification Table 2 as the Phase 3 reformulated gasoline standards.                                  

                                                                - 2 -                                                                



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007