Appeal No. 94-3184
Application 07/924,828
the artisan in the fuel art that Battista
fuel composition inherently have inorganic
solids, e.g. ash, metallic particles from the
engine, etc present in its waste crank oil.
Verhille teaches Battista's teachings that
organic and inorganic solids are conventional
found in refinery waste slurries, as well as,
water and hydrocarbon oils provides the
motivation to the artisan in the art to use a
composition from the same source as
Battista's hybrid fuel composition to render
the claims prima facie obvious.
The examiner has failed to establish a prima facie case of
obviousness under 35 U.S.C. § 103. As pointed out above, the
claim requires that the solids and liquid hydrocarbons of the
composition be obtained from the same refinery waste stream which
contains liquid hydrocarbons, water and solids whereby all of the
heat value of the composition is derived from components
initially present in the waste stream.
We agree with appellants that neither Battista nor Verhille
teach or suggest this limitation. Furthermore, the fact that the
fuel composition disclosed in Verhille may contain inorganic
solids is of no moment since the components of the fuel
composition disclosed in Verhille are not obtained from the same
refinery waste stream. Therefore, the teachings in Verhille do
not make up for the deficiencies in the Battista reference.
The decision of the examiner is affirmed-in-part.
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