Appeal 2007-1395
Application 10/328,115
engine utilizing a gasoline composition comprising a monoamide-containing
polyether alcohol compound? The issue turns on whether Lin describes a
method for operating an internal combustion engine comprising a gasoline
composition comprising a monoamide-containing polyether alcohol
compound. We answer this question in the affirmative.
The Examiner finds that Lin describes a fuel composition
comprising a monoamide-containing polyether alcohol compound of the
formula R1C(=O)-NR2R3 wherein R are each independently selected from H,
C1-C100 hydrocarbyl and polyoxyalkylene alcohol of 2-200 carbon atoms
with the proviso that one of (R4-O)x-H wherein R4 is alkylene of 2-200
carbon atoms and x is from 1-50 (col. 2, ll. 5-67). The Examiner finds that
Lin teaches the monoamide is prepared by reacting 1 mole of an initiator
such as, fatty amides (coconut diethanolamide, stearamide, oleyl
palmitamide, oleic diethanolamide, etc.) with 7-55 moles of one or more
epoxides (see col. 15, lines 1-60). Lin teaches the fuel composition contains
from 1-1000 ppm of the monoamide and may contain less than 10% of a
nitrogen-containing detergent (see col. 17, ll. 42-53; col. 18, ll. 6-21). The
Examiner recognizes that the amides of Lin are not prepared in the same
manner as in the present invention (Answer 6).
Under 35 U.S.C. § 103, the factual inquiry into obviousness requires
a determination of: (1) the scope and content of the prior art; (2) the
differences between the claimed subject matter and the prior art; (3) the level
of ordinary skill in the art; and (4) secondary considerations. Graham v.
John Deere Co. of Kansas City, 383 U.S. 1, 17-18, 148 USPQ 459,
467(1966). “[A]nalysis [of whether the subject matter of a claim would
have been obvious] need not seek out precise teachings directed to the
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