Ex parte BASU et al. - 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                             written for publication and is not binding precedent of the Board.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. 10                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                      Ex parte ARUNABHA BASU, THEODORE H. FLEISCH,                                                                      
                                   CHRISTOPHER I. MCCARTHY, SVEND-ERIK MIKKELSEN                                                                        
                                                            and CARL A. UDOVICH                                                                         
                                                                   ____________                                                                         
                                                           Appeal No. 1997-3529                                                                         
                                                      Application No. 08/463,939                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before, KIMLIN, PAK and KRATZ, Administrative Patent Judges.                                                                           
                 KRATZ, Administrative Patent Judge.                                                                                                    


                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1, 3, 5, 7, 8, 10, and 12-16.   No other                            1                                              
                 claims remain pending in this application.                                                                                             
                          Appellants' invention relates to a diesel fuel                                                                                
                 composition including specified amounts of dimethyl ether,                                                                             
                 water and methanol.  An understanding of the invention can be                                                                          


                          1We note that claim 9 stands rejected as maintained by                                                                        
                 the examiner in the final rejection.  Appellants have not                                                                              
                 appealed from the final rejection of claim 9 (brief, page 4).                                                                          





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