Ex parte ZINKE et al. - Page 2




                 Appeal No. 1997-1875                                                                                                                   
                 Application No. 08/451,378                                                                                                             


                 acid derivatives.  These compounds are said to enhance the                                                                             
                 properties of fluids such as enhancing the wear and friction                                                                           
                 characteristics of lubricants.  The appealed subject matter is                                                                         
                 adequately illustrated by independent claim 1, a copy of which                                                                         
                 taken from the appellants' brief is appended to this decision.                                                                         
                          The references relied upon by the examiner in the                                                                             
                 rejections before us are:                                                                                                              
                 Miles                                        3,784,588                                             Jan.  8,                            
                 1974                                                                                                                                   
                 Umemoto et al. (Umemoto)                              EPA-465,156 A2                                        Jan.                       
                 8, 1992                                                                                                                                
                 Miles                                        GB-1,287,331                                 Aug. 31, 1972                                
                          All of the claims on appeal stand rejected under 35                                                                           
                 U.S.C.                                                                                                                                 
                 § 102(a) or (b) as being anticipated by or in the alternative                                                                          
                 under 35 U.S.C. § 103 as being obvious over the British                                                                                
                 reference to Miles, the U.S. patent to Miles or the European                                                                           
                 reference to Umemoto.1                                                                                                                 
                          For the reasons set forth below, we will sustain the                                                                          
                 examiner's § 103 rejection but not the § 102 rejection.                                                                                

                          1The appealed claims will stand or fall together; see page                                                                    
                 4 of the brief.  Accordingly, in our disposition of this                                                                               
                 appeal, we will focus upon representative independent claim 1                                                                          
                 with which the other appealed claims will stand or fall.                                                                               
                                                                           2                                                                            





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