Ex Parte Schilowitz et al - Page 1




            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                   UNITED STATES PATENT AND TRADEMARK OFFICE                          
                                    ____________                                      
                       BEFORE THE BOARD OF PATENT APPEALS                             
                                 AND INTERFERENCES                                    
                                      ____________                                    
                            Ex parte ALAN MARK SCHILOWITZ,                            
                                 DAVID JOHN RICKEARD,                                 
                        JOHN RICHARD BATEMAN and NICHOLAS MANN                        
                                     ____________                                     
                                 Appeal No. 2005-1407                                 
                              Application No. 09/978,510                              
                                     ____________                                     
                                       ON BRIEF                                       
                                      ____________                                    
          Before OWENS, TIMM, and DELMENDO, Administrative Patent Judges.             
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This appeal is from the examiner’s final rejection of                  
          claims 1, 3, 7, 9, 11 and 12.  These are all of the claims                  
          remaining in the application.                                               
                                    THE INVENTION                                     
               Appellants claim a method of using lower density fuels to              
          reduce emissions in high pressure common rail fuel injected                 
          diesel engines without experiencing a substantial loss in power.            
          Claim 1 is illustrative:                                                    
               1. A method for reducing emissions of common rail fuel                 
          system compression ignition engine without substantial reduction            
          in acceleration, the method comprising running said engine on a             
          fuel comprising a diesel fuel characterized by having a density             
          of about 0.825 g/cc or less, a viscosity of about 2.6 cSt or less           
          at 40"C, and a sulfur content of about 0.05 wt% or less.                    
                                   THE REFERENCES                                     
          Barry et al. (Barry)            5,976,201            Nov. 2, 1999           





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