Ex parte BRIGHT et al. - Page 2





          Appeal No. 1997-2010                                                        
          Application No. 08/332,671                                                  
               According to appellants, the invention is directed to a                
          process for the synthesis of a hydrocarbyl bis(dihydrocarbyl                


          phosphate) by the reaction of an unstable hydrocarbyl-                      
          containing diol with a dihydrocarbyl halophosphate in the                   
          presence of a Lewis acid catalyst where the removal of                      
          hydrogen halide by-product is enhanced by the presence of an                
          effective amount of a liquid hydrocarbon (Brief, page 2).                   
          Claim 1 is illustrative of the subject matter on appeal and is              
          attached as an Appendix to this decision.                                   
                                    The Reference                                     
               The examiner has relied upon the following reference as                
          evidence of obviousness:                                                    
          Nichols                       3,642,959          Feb. 15, 1972              
          The Rejection                                                               
               Claims 1 through 12 stand rejected under 35 U.S.C. § 103               
          as unpatentable over Nichols (Answer, page 3, referring to                  
          Paper Nos. 5 and 7).                                                        
                                       Opinion                                        
               After careful consideration of the record, including the               
          opposing arguments in the examiner’s Answer and appellants’                 

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