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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