Ex parte GUNNERMAN - Page 1






                                         The opinion in support of the decision being entered today                                           
                                    was not written for publication and is not binding precedent of                                           
                                    the Board.                                                                                                
                                                                                                    Paper No. 26                              

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                            _______________                                                                   

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                        AND INTERFERENCES                                                                     
                                                            _______________                                                                   

                                                 Ex parte RUDOLF W. GUNNERMAN                                                                 
                                                             ______________                                                                   

                                                          Appeal No. 1996-3826                                                                
                                                          Application 08/222,477                                                              
                                                            _______________                                                                   

                                                                ON BRIEF                                                                      
                                                            _______________                                                                   

                Before WARREN, KRATZ and DELMENDO, Administrative Patent Judges.                                                              

                WARREN, Administrative Patent Judge.                                                                                          
                                                            Decision on Appeal                                                                
                         This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                          
                claims 1 through 35 and refusing to allow claims 36 through 45 as amended subsequent to the final                             
                rejection.  Claims 1, 13 and 361 are illustrative of the claims on appeal:                                                    
                         1.  A stable, storage fuel combustible in an internal combustion engine which is substantially                       
                nonflammable outside the engine comprising an at least two-phased fluid emulsion of 20 to 80 vol %                            
                water, carbonaceous fuel selected from the group consisting of gasoline, straight run gasoline, kerosene                      
                fuel, diesel fuel, gaseous carbon-containing fuel, carbon synthetic fuels, biomass derived oils and                           
                                                                                                                                              
                1  We have reproduced claims 1, 13 and 36 as they appear of record in the amendments of March 13,                             
                1995 (Paper No. 10), August 11, 1995 (Paper No. 13) and November 13, 1995 (Paper No. 16), the                                 
                latter entered by the examiner as set forth in the advisory action of November 30, 1995 (Paper No.                            
                17). A copy of these claims is appended to appellant’s brief as Exhibit C.                                                    





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