Appeal No. 1998-1213
Application 08/450,506
can be reacted with polyamines and/or polyhydric alcohols.
The portion of the reference relied upon by the examiner for
the second of these teachings, however, pertains to mineral
oils (col. 44, line 61 - col. 45, line 10). The examiner has
provided no evidence that one of ordinary skill in the art
would have interpreted the term “mineral oils” to include
fuels. Moreover, throughout the reference, Meinhardt refers
to the reaction products of the acylating reagents and
polyamines
and/or polyhydric alcohols as being additives for lubricants.
Consequently, we find that the examiner has not carried the
burden of establishing a prima facie case of anticipation of
appellants’ claimed invention over Meinhardt.
Also, for the following additional reason, we find that a
prima facie case of anticipation has not been established by
the examiner.
Appellants’ claims require that the hydrocarbyl
substituted dicarboxylic acid producing material has a
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