Appeal No. 1998-1214 Page 4
Application No. 08/701,188
and 4 and reply brief, pages 1-3), the examiner has not shown
how combining the teachings of Brennan concerning an anti-rust
lubricating oil composition containing epoxyalkaneamine
reaction products and the teachings of Kimura concerning a
lubricating oil composition that includes a reaction product
of a specified polyolefin epoxide with a polyamine with the
teachings of Kummer would have led one of ordinary skill in
the art to appellants' claimed fuel composition. Concerning
this matter, the examiner’s conclusary statements in the
paragraph bridging pages 4 and 5 of the answer regarding
“closely related” and “structurally similar” compounds
used as fuel additives in Kummer and the expected properties
thereof fall significantly short of establishing how the
combined teachings of the applied references would have
reasonably suggested the proposed modification of Kummer to
one of ordinary skill in the art and would have resulted in a
fuel composition that corresponds to appellants’ fuel
composition. 1
1We are cognizant of appellants’ somewhat waffling view
(brief, page 5) as to whether the reaction product of Example
3 of Kimura may or may not be a compound embraced by
appellants’ formula Ia or Ib. Nonetheless, the burden is on
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