Appeal No. 2006-2030
Application No. 10/101,020
The appealed claims are directed to a fuel blend
including a #2 diesel fuel and a partially hydrogenated
vegetable oil (PHVO) having a particular Iodine Value (IV).1
Appellants essentially argue the patentability of the
appealed claims as a group, rather than individually.
Accordingly, we consider the claims as standing or falling
together for purposes of this appeal. Therefore, we shall
limit our consideration to claim 1, which is one of three
independent claims. Claim 1 reads as follows:
1. A fuel composition comprised of a mixture of: between
about 70 and about 85 volume percent of a #2 diesel fuel;
and between about 15 and 30 volume percent of a partially
hydrogenated vegetable oil, wherein said partially
hydrogenated vegetable oil has an Iodine Value of between
approximately 50 and approximately 120 and wherein the
volume percents are based upon the total volume of the fuel
composition.
The prior art reference relied upon by the examiner
is:
Thompson, “Final Report on Waste Vegetable Oil as a Fuel
Extender”, United States Army Corps of Engineers, pages 1-
B8 (1981).
Additionally, the following data sheet is cited by the
appellants in their Brief:
1 We note that Iodine Value (IV) apparently is a commonly accepted
measure of the extent of reaction of iodine with double bonds in fats
and fatty oils; “the higher the IV, the more unsaturated the oil.” In
this regard, see Kirk-Othmer, Encyclopedia of Chemical Technology, Vol.
10, 4thed. p.278 (1994). A copy of the relevant portion of the Kirk-
Othmer text is included as an attachment to our decision.
2
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