Ex Parte Doherty 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                             for publication and is not binding precedent of the Board.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 HELEN M. DOHERTY and H. RANDOLPH ROEHL                              
                                            __________                                               
                                        Appeal No. 2006-3273                                         
                                      Application No. 09/858,188                                     
                                            __________                                               
                                             ON BRIEF                                                
                                            __________                                               
              Before ADAMS, GREEN, and LEBOVITZ, Administrative Patent Judges.                       
              ADAMS, Administrative Patent Judge.                                                    

                                       DECISION ON APPEAL                                            
                    This is a decision on the appeal under 35 U.S.C. § 134 from the                  
              examiner’s final rejection of claims 16-19, which are all the claims pending in the    
              application.                                                                           
                    Claim 16 is illustrative of the subject matter on appeal and is reproduced       
              below:1                                                                                
                 16. An oxygenated transportation fuel complying with the emissions                  
                      performance requirements of the Clean Air Act Amendments for                   
                      Conventional Gasoline and for Reformulated Gasoline as predicted by            
                      the EPA Complex Model, said transportation fuel comprising a blend of          
                      hydrocarbon streams, said blend having the following properties:               
                          a) sulfur content of less than about 300ppm,                               
                          b) an octane rating of from about 87 to about 94,                          
                          c) a 50% D-86 distillation point of less than about 235°F,                 
                                                                                                     
              1 Claims 17-19 depend from and further limit claim 16.                                 





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