Appeal No. 2000-2079
Application 08/883,634
Claim 26
The amounts of lubricity aid disclosed by Shubkin (col. 4,
lines 27-28) and Malec (col. 4, lines 47-48) are, respectively,
about 0.001-0.25 wt% (10-2,500 ppm) and about 0.01-2.0 wt% (100-
20,000 ppm). Shubkin and Malec do not disclose an amount of
dehazer and, therefore, do not disclose a ratio of lubricity aid
to dehazer. However, the appellants state that “[t]he optimal
amount and type of dehazer depend on the water emulsifying
properties of the fuel to which the lubricity aid is added, as
will be readily understood to those of ordinary skill in the art
of fuel treatment, particularly demulsification” (specification,
page 8, lines 19-23). This statement indicates that the proper
amount of demulsifier in the fuels of Shubkin and Malec would
have been determinable by one of ordinary skill in the art
through no more than routine experimentation. See In re Boesch,
617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980); In re Aller,
220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The appellants
indicate that haze inhibiting amounts of dehazer generally are
about 1 to about 50 ppm based on the weight of the fuel
(specification, page 9, lines 3-5). Also, the amount of
demulsifying agent used by Zimmerman in a gasoline composition is
about 1 to about 12 ppm (col. 5, lines 53-54). Hence, in view of
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