Ex parte BASU et al. - Page 2




                 Appeal No. 1997-3529                                                                                     Page 2                        
                 Application No. 08/463,939                                                                                                             

                 derived from a reading of exemplary claim 1, which is                                                                                  
                 reproduced below.                                                                                                                      
                                            A diesel fuel composition comprising from                                                                   
                                   about 85 to about 95 weight percent of dimethyl                                                                      
                                   ether, from about 1 to about 20 weight percent                                                                       
                                   of water, and from about 1 to about 20 weight                                                                        
                                   percent of methanol, wherein the lowest                                                                              
                                   concentration of methanol in weight percent,                                                                         
                                   min. meth. conc., that is permitted in the                                                                           
                                   diesel fuel composition containing a given water                                                                     
                                   concentration in weight percent,                                                                                     
                                            water conc., is defined by the relationship                                                                 
                                            0~ min. meth. conc.š 0.5 (water conc.)-2.6                                                                  
                                   and the largest concentration of methanol                                                                            
                                   in weight percent, max. meth. conc., that                                                                            
                                   is permitted in the diesel fuel containing                                                                           
                                   a given water concentration in weight                                                                                
                                   percent is defined by the relationship                                                                               
                                            max. meth. conc. ~ 20-0.6(water                                                                             
                                            conc.).                                                                                                     
                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Neely                                                 2,708,922                                    May  24,                            
                 1955                                                                                                                                   
                 Brown et al. (Brown)                                  3,846,088                                    Nov. 05,                            
                 1974                                                                                                                                   
                 Norton et al. (Norton)                                4,603,662                                    Aug. 05,                            
                 1986                                                                                                                                   
                 Gro$    2                                             654,470                                      Dec. 20,                            
                 1937                                                                                                                                   
                 (German Patent)                                                                                                                        


                          2All references to Gro$ in this decision are to the                                                                           
                 English language translation of the German Patent of record.                                                                           







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