Ex parte GUNNERMAN - Page 2


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

                mixtures thereof, about 2 to less than 20 vol.% alcohol and about 0.3 to about 1 vol.% nonionic                               
                emulsifier, the resulting emulsion comprising a standard O/W emulsion with water being the external                           
                continuous phase.                                                                                                             
                         13.  A method of preparing 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 bearing synthetic fuel,                          
                biomass derived oils and mixtures thereof, about 2 to less than 20 % alcohol and about 0.3 to about 1                         
                vol.% of an nonionic emulsifier, said emulsion comprising a standard O/W emulsion with water being the                        
                external continuous phase, said method comprising:                                                                            
                                 a)  providing a mixture of carbonaceous fuel and emulsifier,                                                 
                                 b)  combining 20 to 80 vol.% water with the mixture of step a and 2 to less than 20%                         
                alcohol, and                                                                                                                  
                                 c)  combining the mixtures of steps a and b and thoroughly mixing the resulting mixture                      
                with sufficient agitation to produce a mixture.                                                                               
                         36.  A method of preparing an aqueous fuel comprising:                                                               
                                 (a)  mixing a carbonaceous fuel selected from the group consisting of gasoline, naphtha,                     
                kerosene fuels, diesel fuels, gaseous carbon-containing fuels, and mixtures thereof, and emulsifier                           
                together;                                                                                                                     
                                 (b)  providing a mixture of alcohol and water, and                                                           
                                 (c)  adding the water-and-alcohol mixture to the fuel-and-emulsifier mixture to produce                      
                a mixture of carbonaceous fuel with 20 to 80 vol.% water, and about 2 to less that 20 vol.% alcohol.                          
                         The appealed claims as represented by claims 1, 13 and 362 are drawn to a stable, storage fuel                       
                which can be combusted in an internal combustion engine and is substantially nonflammable outside the                         
                engine. The fuel comprises at least a two-phased, standard O/W, that is, oil-in-water, emulsion                               
                containing 20 to 80 vol % water, about 2 to less than 20 vol.% alcohol, a nonionic emulsifier, which can                      
                be present in about 0.3 to about 1 vol.% (claims 1 and 13), and a carbonaceous fuel which is selected                         
                from the group consisting of gasoline, straight run gasoline, kerosene fuel, diesel fuel, gaseous carbon-                     
                                                                                                                                              
                2  Appellant in the brief (page 6) sets forth five groupings of claims which correspond to the grounds of                     
                rejection advanced on appeal by the examiner and has separately argued other groupings of claims (id.,                        
                e.g., pages 20-21).  Accordingly, we have selected claims 1 through 3, 6, 13, 23, 24, 31 through 33,                          
                36 and 43 as representative of the groupings of claims presented in the brief, the grounds of rejection                       
                and the subject matter on appeal and decide this appeal based on these claims. See 37 CFR §                                   
                1.192(c)(7) (1995).                                                                                                           

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