The opinion in support of the decision being entered today was not written for publication and is not precedent of the Board. Paper No. 25 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte GEORGE MORTIMER TIFFANY, III, GEORGE CONRAD L’HEUREUX and JOHN HENRY SMYTHE ____________ Appeal No. 1999-0543 Application No. 08/807,210 ____________ ON BRIEF ____________ Before GARRIS, WALTZ and PAWLIKOWSKI, Administrative Patent Judges. GARRIS, Administrative Patent Judge. ON REQUEST FOR REHEARING This is in response to a request, filed September 27, 2001, for a rehearing of our decision, mailed August 31, 2001, wherein we affirmed the examiner’s section 103 rejection of all appealed claims as being unpatentable over the Japanese reference in view of Miyaji. In this request, the appellants reiterate their argument that Miyaji teaches away from using lubricating or mineral oil in compositions for two-cycle engines pursuant to the here claimed invention and accordingly that the examiner’s rejection is 1Page: 1 2 3 4 5 NextLast modified: November 3, 2007