Appeal No. 96-2808
Application 08/102,708
significant. Moreover, the T90 data for gasolines containing single ethers with alkyl components having
one to five carbon atoms as set forth in appellants’ Table 1 on page 13 of the specification reveals T90
values ranging from -3E [ethyl-t-butyl ether (#602) and n-propyl-t-butyl ether (#603)] to -33E [sec-butyl-
t-butyl ether (#607)]. Accordingly, we find that the T90 data in Tables 1, 3 and 5 are inconclusive to show
unexpected or superior results.
The same is true for the end boiling point data. Compare “MIX1” and “MIX2” in Table 5 (-12E
and -8E, respectively) to samples #611 (-13E), #630 (-15E), #614 (-16E) and #629 (-17E) in Table 3.
We find the numbers for the samples to be substantially similar to “MIX1”/gasoline which is closest to the
claimed composition. Also compare the compositions in Table 3 which have end boiling point numbers7
ranging from -13E to -24E to samples #607, #608 and #609 in appellants’ Table 1 (-32E, -32E, -30,E
respectively) where the end boiling point number substantially exceeds the end boiling point numbers of
appellants’ samples #614 and #628 (-16E and -24E, respectively). Accordingly, we do find the end boiling
point data to be inconclusive to establish that the claimed compositions are superior or have unexpected
properties when compared to the Bruderreck’s compositions.
For the foregoing reasons, Bruderreck presents a prima facie case of obviousness with regard to
the rejection of claims 31 and 39 under 35 U.S.C. § 103. On consideration of all the evidence, the greater
“MIX1” or Bruderreck’s B1 formula is closest to the claimed composition because the ether mixture does not7
include a significant amount of alcohols in the ether mixture. “MIX2” or Bruderreck’s formula B2 contains, in addition
to the ethers of formula B1, 5% by volume methanol, 5% by volume isopropanol and 5% by volume sec-butanol.
Appellants have not disclosed that their ether mixtures contain a significant amount of free alcohol.
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