Appeal No. 96-0088
Application No. 08/038,426
of process claims standing or falling together respectively,
except with respect to the rejection over Robinson ‘483.
Claim 16, as rejected under
§ 102 based on Robinson ‘483 shall also be considered
separately. We have selected claims 1 and 23 as
representative of the respective additive and process claims.
See Brief pages 6 and 7, paragraphs numbered 4 through 7.
During patent prosecution, claims are to be given their
broadest reasonable interpretation consistent with the
specification, and the claim language is to be read in view of
the specification as it would be interpreted by one of
ordinary skill in the art. In re Zletz, 893 F.2d 319, 321, 13
USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d
1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983); In re Okuzawa,
537 F.2d 545, 548, 190 USPQ 4564, 466 (CCPA 1976).
Our construction of the subject matter defined by
appellants’ claim 1 is that said claim requires a minimum of
only one compound. The compound has certain required
characteristics. It must be soluble in gasoline within the
ranges set forth in the claimed subject matter. However, the
presence of gasoline is not required. Moreover, the compound
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