Appeal No. 95-3484
Application 08/098,236
the references, one of ordinary skill in the art would not use
the teachings of one of the references to modify the teachings
of the other reference (reply brief, page 5).
The examiner argues that the motivation to combine the
references is that both references disclose the preparation of
ethylene-propylene copolymers in the lubricating oil range,
with considerable overlap of ethylene content and molecular
weight,
using the same catalyst and polymerization conditions (answer,
page 10). The examiner, however, provides no evidence that
one of ordinary skill in the art would have considered
Biswell’s disclosure of properties of a copolymer which
improves the flowability and pourability of fuel oils to be
suggestive of desirable properties of Stearns’ copolymer which
serves as a lubricating oil. Biswell teaches (col. 3, lines
2-4) that “[c]opolymers falling with this narrow definition
[of molecular structure, composition, molecular weight and Q
range of 2-6] are soluble in the middle distillate fuel oils
and provide the desired improvement in flowability.” The
examiner does not explain, and it is not apparent, why this
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