Ex parte RUDNICK - Page 2




          Appeal No. 95-0944                                                          
          Application 07/748,730                                                      


               The subject matter on appeal is directed to a process for              
          preparing high temperature, stable lubricant fluids or additives            
          by reacting an olefin with diphenyl disulfide to form a                     
          monoalkylated thiophenol.                                                   
               Appellant acknowledges that all the claims stand or fall               
          together.  Independent claim 33 reads as follows:                           
               33.  A process for the preparation of a high-temperature               
          stable lubricant fluid or lubricant additive comprising reacting            
          (1) an olefinic hydrocarbon containing from 3 to about 500                  
          carbons and optionally containing S, N, O, P, F, and (2) a                  
          diphenyl disulfide in the presence of a zeolite catalyst thereby            
          forming a monoalkylated thiophenol wherein the reaction                     
          temperature varies from ambient to about 350E C, the molar ratio            
          of olefinic hydrocarbon to diphenyl disulfide varies from 1:1 to            
          about 10:1 and the amount of catalyst varies from 5 to about 100            
          grams of catalyst to about 1 mole of diphenyl disulfide.                    
               The reference relied upon by the Examiner is:                          
          Forbus et al. (Forbus)        5,171,915      Dec. 15, 1992                  
               Claims 33, 36, 37, and 40 to 43 stand rejected under                   
          35 U.S.C. § 103 as being unpatentable over Forbus.                          
               We cannot sustain this rejection.                                      
               The claims at bar are directed to a process of reacting an             
          olefinic hydrocarbon with diphenyl disulfide to form a                      
          monoalkylated thiophenol.  Although Forbus discloses a similar              
          process for preparing alkylated aromatics, he does not disclose             
          diphenyl disulfide as a reactant.  Forbus only discloses diphenyl           


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