Appeal No. 1996-0214
Application 07/755,603
and Palmer discloses use of from 0.3 to 2 or more moles of
maleic anhydride per mole of polymer (col. 1, lines 66-67).
As pointed out by appellants, the ratios of Cullen and
Palmer are charge ratios rather than functionality ratios.
The examiner has not explained why the charge ratios would
have
fairly suggested, to one of ordinary skill in the art, use of
functionality ratios which are within the range recited in
appellants’ claims.
Moreover, the only reason relied upon by the examiner for
combining the references is that they disclose using similar
products in a lubricating oil. The examiner has not explained
why one of ordinary skill in the art would have considered the
charge ratios of Cullen and Palmer to be appropriate in the
compositions of the primary references.
The examiner states that appellants incorporate in their
specification Rense and Palmer for teachings of reaction
products having a functionality ratio in the range of about
11
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