Ex Parte MIGDAL et al - Page 8




          Appeal No. 2001-2094                                                        
          Application 09/203,894                                                      


               The appellants also acknowledge that “JP 57115493 (July 17,            
          1982) discloses 2,2,4-trimethyl-1,2-dihydroquinoline polymer as a           
          useful antioxidant for lubricating oils” (specification, page 1,            
          lines 25-26).  The examiner indicated, by initialing the                    
          appellants’ information disclosure statement (filed December 2,             
          1998, paper no. 2), that this reference has been considered.                
          However, we do not find in the file an English translation, or              
          even an English abstract, of this reference, and the examiner has           
          not addressed on the record the relevance of this reference.  The           
          examiner should obtain an English translation of JP 57115493 and            
          the examiner and the appellants should address on the record                
          whether it would have been obvious to one of ordinary skill in              
          the art to combine the 2,2,4-trimethyl-1,2-dihydroquinoline                 
          polymer lubricating oil antioxidant disclosed therein with a                
          secondary diarylamine lubricant oil antioxidant which the                   
          appellants have acknowledged to be well known.                              










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