Ex parte PEYTON et al. - Page 4




          Appeal No. 96-2898                                                          
          Application No. 08/340,998                                                  


          Appellants’ additive composition, as noted above, is said to                
          address both prior art problems in that it simultaneously                   
          effects a reduction of wax haze and an alleged unexpected                   
          synergistic reduction of pour point in lubricating oils.                    
               As evidence of obviousness of the claimed subject matter               
          on appeal, the examiner relies on Gee and Bridger.  Gee                     
          discloses that esterified styrene-maleic anhydride copolymers               
          are useful as pour point depressants and fluidity improvers                 
          for liquid hydrocarbon mineral oil compositions.  See column                
          1, lines 31-41; column 1, line 63 to column 2, line 10; and                 
          examples 1-5 of Gee.  Gee also teaches that such oil                        
          compositions “may contain other additive materials intended to              
          enhance the value of such compositions in certain well-defined              
          and specific aspects”.  See column 6, lines 63-66 of the                    
          reference.                                                                  
               The examiner relies on Bridger for the disclosure that                 
          certain esterified maleic anhydride-olefin copolymers act to                
          reduce low temperature micro-crystalline wax formation in                   
          mineral oils.  See Bridger generally at column 1, line 66 to                
          column 3, line 44.                                                          
          The examiner’s factual finding (answer,                                     
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