Ex Parte Wulff et al - Page 6




             Appeal No. 2003-0079                                                             Page 6                
             Application No. 09/532,114                                                                             



             227 USPQ 972, 973 (Bd. Pat. App. & Int. 1985). To this end, the requisite motivation                   

             must stem from some teaching, suggestion or inference in the prior art as a whole or                   

             from the knowledge generally available to one of ordinary skill in the art and not from                

             the appellant's disclosure.See, for example, Uniroyal. Inc. v. Rudkin-Wiley Corp., 837                 

             F.2d 1044, 1052,5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488 U.S. 825 (1988).                    

                    Ikeda discloses a dual fuel internal combustion engine in which the objective is to             

             improve the performance of the engine by adding a gaseous fuel to the liquid fuel. The                 

             examples given for the liquid fuel include ethanol, alcohol and gasoline, and acetylene                

             is mentioned as one of the gaseous fuels (translation, page 3). The liquid fuel is                     

             provided by means of a carburetor (3) located in the air inlet conduit.The gaseous fuel                 

             is furnished through a "nozzle" (8) positioned in the air inlet conduit downstream of the              

             carburetor, but upstream of the engine.  In the sentence bridging pages 3 and 4 of the                 

             translation, the statement is made that "[i]n short, the engine which uses only gasoline               

             before can be operated by controlling it so that various liquid fuels being [sic, are the]             

             main body [of the fuel] and various gaseous fuels are added in a suitable ratio without                

             necessity to make a sharp adjustment of engine."   That the liquid fuel is the primary fuel            

             and the gaseous fuel is secondary is confirmed by the ratios set forth in the examples                 

             in the reference. The only example in which acetylene was used as the gaseous fuel                     

             was Test 4, where the liquid fuel was a mixture of ethanol and gasoline, and the liquid                










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