Ex parte PEYTON et al. - Page 5




          Appeal No. 96-2898                                                          
          Application No. 08/340,998                                                  


          page 3) that Gee’s esterified styrene-maleic anhydride                      
          copolymers are identical to appellants’ claimed SMA copolymer               
          component is not disputed.  Likewise, the examiner’s factual                
          finding (answer, page 3) that Bridger’s esterified maleic                   
          anhydride-olefin copolymers are identical to appellants’                    
          claimed OMA copolymer component is not challenged by                        
          appellants.                                                                 
               Based on the combined teachings in the relied upon                     
          references, the examiner argues, and we agree (particularly                 
          when  faced with the dual prior art problems encountered with               
          certain lubricating oils having visible wax particles and a                 
          need for pour point improvement), that one of ordinary skill                
          in this art would have been led to have combined the copolymer              
          additives described in Gee and Bridger in a lubricant                       
          composition based on a reasonable expectation of reducing the               
          lubricant pour point, improving the lubricant fluidity, and                 
          reducing the low temperature micro-crystalline wax formation                
          in the lubricant.                                                           
               Appellants’ fundamental argument on appeal is that the                 
          evidence of record shows the performance of the claimed                     
          composition “to be greater than that of the known performances              
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