Appeal No. 95-0460
Application 07/962,382
other ortho to the hydroxy substituent by an alkylene or
alkylidene bridge. The phenol moieties further contain a
tertiary alkyl group of from 4 to about 8 carbon atoms in the
other ortho position, at least one aliphatic hydrocarbon group
containing at least 7 carbon atoms para to the hydroxy
substituent, and are unsubstituted in the meta positions. The
claimed compounds are antioxidants and are used in “minor”
amounts in composition with natural and synthetic resins,
rubbers, oils, normally liquid fuels and waxes.
The references relied on2 by the examiner are:
Sullivan 2,796,444 Jun. 18, 1957
Beaver et al. (Beaver) 480,524 Jan. 22, 1952
(Canadian Pat.)
We have considered the following references made of
record by appellants to the extent noted below:
Filbey et al. (Filbey) 2,807,653 Sep. 24, 1957
Knowles et al. (Knowles) 2,830,025 Apr. 8,
1958
Godin et al. (Godin) 928,169 Jun. 6, 1963
The examiner has rejected claims 1 through 12 and 37
through 44 on appeal under 35 U.S.C. ' 112, first paragraph,
enablement, and second paragraph, as well as under 35 U.S.C.
'103 as being unpatentable over Beaver and Sullivan. We
reverse.
Rather than reiterate the respective positions advanced
by the examiner and appellants, we refer to the examiner’s
answer and to appellants’ brief for a complete exposition
thereof.
2 We observe that the examiner has listed the references made
of record by appellants in the IDS of July 15, 1994 (Paper No.
16) on page 2 of his answer but has not discussed or relied on
these references in the answer.
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