Appeal No. 95-1640
Application 07/752,138
Forbus is directed to the preparation of alkylaromatic
hydrocarbons, suitable as lubricant basestocks and additives,
by reacting at least one alkylatable aromatic compound and C -
12
C mono-olefin in an alkylation zone in the presence of an
40
acidic alkylation catalyst under alkylation conditions.
Forbus describes the alkylatable aromatic compounds as
substituted benzene, naphthalene and anthracene derivatives,
and the acid alkylation catalyst as a zeolite catalyst.
The examiner recognizes that Forbus does not specifically
disclose thianthrene as a reactant, and yet he alleges that
the expression "similarly substituted naphthalenes and
anthracenes" at column 5, lines 40-47, anticipates a
thianthrene reactant. Thianthrene a heterocyclic structure
and not a polynuclear aromatic compound as are the
naphthalenes and anthracenes. Accordingly, the 35 U.S.C. §
102 rejection cannot be sustained. Anticipation within 35
U.S.C. § 102 is established only when a single prior art
reference discloses, expressly, or under the principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Systems, Inc., 730 F.2d 1440,
1444, 221 USPQ 385, 388 (Fed. Cir. 1984). Note also W.L.
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