Ex Parte TIFFANY et al - Page 1




           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                  

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