Appeal No. 2004-2025
Application 10/120,498
controlled so that the gasoline product contains less than 10 ppmw sulfur,” thus offering “low
emissions in a substantially oxygen free gasoline” (brief, paragraph bridging pages 4-5, emphasis
in original, and page 7). Appellants contend, in this respect, that Jessup does not disclose or
suggest “the control of sulfur in order to obtain such a gasoline or the advantages attendant
therewith” (id., page 5). Appellants further argue that the required presence of MTBE in the
reduced NOx emission gasoline of Kaneko distinguishes the claimed gasoline composites over
this reference, because, in appellants’ view, this “suggests that the presence of an oxygenate is an
important consideration for reduction of emissions of NOx,” thus teaching away from the
claimed invention which “permits one to achieve reductions in NOx while being substantially
oxygenate free” (id., pages 5-6). Appellants submit that while Kaneko discloses the preferred
range of less than 20 ppmw, one of ordinary skill in the art would economically “push the
amount of sulfur” to the extent of the disclosed 50 ppmw at which point damage to the exhaust
gas cleaner is still avoided (see Kaneko, col. 3, ll. 19-21), which “motivation actually directs one
away from” the claimed invention (id., page 6).
We cannot subscribe to appellants’ positions. We fail to find in the disclosure on
page 13 of the written description in the specification any specific connection between reduced
NOx emissions of the claimed gasoline composite and the 10 ppmw sulfur contained therein, and
indeed, we fail to find any specific connection with any disclosed amount of sulfur in this
respect, as it is stated that the gasoline composites preferably contain “low” sulfur content, which
“is most preferred” to be less than 30 ppm, “most preferably less than 10 ppm” (e.g., page 13,
ll. 1-6). Furthermore, Jessup discloses that
[f]or gasoline fuels in which one desires that emissions of NOx be minimized or
reduced, the principal factor influencing such emissions is Reid Vapor pressure. NOx
emissions decease as the Reid Vapor Pressure is decreased . . . even more preferably
below 7.0 psi (0.48 atm). Of secondary importance with respect to NOx emissions are
the 10% D-86 Distillation Point and olefin content. [Col. 2, ll. 21-29; emphasis
supplied.]
We note here that the thus disclosed Reid vapor pressure corresponds to the Reid vapor pressure
range specified in appealed claims 1, 3 and 26.
We also find no support in the record for appellants’ arguments that reduced NOx
emissions shown in Kaneko are connected to the presence of MTBE in the gasoline composite
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