Ex Parte Graskow - Page 2

              Appeal 2007-1395                                                                       
              Application 10/328,115                                                                 
              additives in hydrocarbon-based fuels, such as gasoline fuel (Specification 2-          
              3).  Representative independent claim 1, as presented in the Brief, appears            
              below:                                                                                 
                    1.  A method of reducing the particulate emissions in an internal                
                    combustion engine, said method comprising operating the internal                 
                    combustion engine with a fuel composition comprising a major                     
                    amount of hydrocarbons boiling in the gasoline or diesel range and               
                    an effective; particulate emissions- reducing amount of an alkylene              
                    oxide-adducted hydrocarbyl amide wherein the hydrocarbyl amide                   
                    is a coconut oil fatty acid amide obtained by the reaction of                    
                    coconut oil fatty acid or ester and diethanolamine, and further                  
                    wherein the coconut oil fatty acid amide is adducted with 3 to 4                 
                    moles of propylene oxide.                                                        

                    The Examiner relies on the following references in rejecting the                 
              appealed subject matter:                                                               
              Boehmke    US 4,297,107  Oct. 27, 1981                                                 
              Lin     US 6,312,481 B1  Nov. 6, 2001                                                  
                    Claims 1, 12, 13, and 16-19 stands rejected under 35 U.S.C. § 102 (b)            
              as anticipated by Boehmke; claim 11 stands rejected under 35 U.S.C.                    
              § 103(a) as unpatentable over Boehmke in view of Lin; and claims 1 and                 
              11-19 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Lin.1               
              The anticipation rejection                                                             
                    Anticipation under 35 U.S.C. § 102 requires that a prior art reference           
              describes each and every limitation of a claimed invention with “sufficient            

                                                                                                    
              1 The Examiner indicated in the Answer that claim 11 was inadvertently                 
              excluded from this rejection in the final office action (Answer 3).  Appellant         
              did not file a responsive Brief objecting to the inclusion of claim 11 in this         
              rejection.                                                                             
                                                 2                                                   

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