Ex parte SHUSTOROVICH et al. - Page 16




                 Appeal No. 96-0088                                                                                                                     
                 Application No. 08/038,426                                                                                                             


                 claimed subject matter is clearly disclosed by patentee at                                                                             
                 column 6, lines 36-45.  Appellants argue that the catalysts                                                                            
                 are carried in the air into the combustion chamber and thus                                                                            
                 are not even gasoline additives. See Brief, pages 21-22.                                                                               
                 Appellants’ arguments are unpersuasive. Claim 1 requires only                                                                          
                 a gasoline additive.  When the gasoline and additive are                                                                               
                 mixed, or even if they are mixed, is irrelevant to the                                                                                 
                 “gasoline additive” claimed subject matter.  As for claims 16                                                                          
                 and 23, we find that the disclosure at column 6, lines 23-26,                                                                          
                 which mixes the air, fuel and catalyst in the manifold to                                                                              
                 produce a homogenous blend of the catalyst with the fuel and                                                                           
                 air, meets both the requirements of the fuel composition of                                                                            
                 claim 16 and the limitation of “dissolving at least a portion                                                                          
                 of said additive in gasoline” and “feeding the gasoline having                                                                         
                 said additive dissolved therein to the internal combustion                                                                             
                 engine,” as required by claim 23.   Based upon these findings,3                                                                           




                          3    Hackh’s Chemical Dictionary, defines solution as,“the                                                                    
                 mixing of a solid, liquid or gaseous substance (solute) with a                                                                         
                 liquid (the solvent), forming a homogenous mixture....”                                                                                
                 Julius Grant ed., McGraw-Hill Book Company, New York, fourth                                                                           
                 edition, page 624, 1972.                                                                                                               
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