Appeal No. 95-3484
Application 08/098,236
Biswell discloses an additive which improves the low
temperature fluidity and pourability of middle distillate fuel
oils (col. 1, lines 39-42 and 49-53). The additive is a
substantially linear ethylene copolymer which is soluble in
fuel
oil and consists of 58-68 wt% (67.4-76.1 mol%) polymerized
ethylene units, 32-42 wt% polymerized propylene units, and up
to 10 wt% polymerized 1,4-hexadiene units, and has a number
average molecular weight of about 1,000 to 10,000 (col. 1,
lines 60-71). The preferred ratio of weight average molecular
weight to number average molecular weight of the copolymer,
i.e., “Q” in appellants’ claims 1 and 42, is about 2 to 6
(col. 2, lines 68-70).
Neither reference discloses any value of the Z parameter
defined in appellants’ claims 1 and 42.
Appellants point out that Stearns is directed toward
providing lubricating oils whereas Biswell is directed toward
providing pour improvers for middle distillate fuels, and
argue that due to the disparate utilities of the copolymers in
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