Appeal No. 1997-3337
Application No. 08/189,899
Muller et al. 4,266,027 May 5, 1981
(Muller ‘027)
Muller et al. 4,448,881 May 15, 1984
(Muller ‘881)
Waniczek et al. 4,465,028 August 14,
1984
(Waniczek)
Stiff EP 080314 June 1, 1983
(Stiff) European Patent Application
The Merck Index: An Encyclopedia of ChemicalS, Drugs, and
Biologicals (550) (10th ed. 1983)
All of the claims on appeal stand rejected under 35
U.S.C. § 103 as unpatentable over the combination of Stiff,
Muller ‘027, Muller ‘881 and Waniczek. (Examiner’s Answer,
page 4). We reverse this rejection.
OPINION
Claims 1, 17, 24 and 31 are all the independent claims
contained in this application. We have limited our
consideration of the issues raised by this appeal as they
apply to claims 1, 17, 24 and 31.
The Examiner finds the Stiff teaches the same or similar
reaction process, nitro-ester compounds and fuel composition
comprising the ester compound. (Examiner’s answer, page 4,
lines 14-15). The Examiner also acknowledges that Stiff does
not indicate that the sugar is dissolved in a solvent in the
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