Appeal No. 1998-1214 Page 3
Application No. 08/701,188
Brennan 2,856,363 Oct. 14,
1958
Kimura et al. (Kimura) 3,794,586 Feb. 26,
1974
Kummer et al. (Kummer) 4,832,702 May 23,
1989
Claims 1-3, 9 and 10 stand rejected under 35 U.S.C. § 103
as being unpatentable over Kummer in view of Brennan and
Kimura.
OPINION
After careful consideration of the issues raised in this
appeal and with the arguments of both appellants and the
examiner, we find that the examiner’s § 103 rejection of the
appealed claims is not sustainable. Our reasoning follows.
As acknowledged by the examiner (answer, page 3), Kummer
discloses a fuel composition comprising polybutylamines or
polyisobutylamines but does not disclose a fuel composition
that corresponds to any of the herein appealed claims; that
is, a fuel composition that includes compounds of appellants’
formula Ia and/or Ib. As argued by appellants (brief, pages 3
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