Ex parte MCCREADY - Page 3




          Appeal No. 95-3834                                                          
          Application No. 07/947,569                                                  


                                 DECISION ON APPEAL                                   


               This is an appeal under 35 U.S.C. § 134 from the                       
          rejection of claims 1-12, all of the claims pending in the                  
          application.  Claims 1 and 9 are representative of the subject              
          matter on appeal and read as follows:                                       
               1.  A dry engine oil additive comprising the mixture of a              
          granular metal alloy material and granular polytetrafluoro-                 
          ethylene (PTFE), wherein the granules are micron to sub-micron              
          in diameter; the granulated metal alloy material for being                  
          peened and burnished to bearing surfaces in an engine and the               
          PTFE granules for being embedded within the matrix formed                   
          thereby.                                                                    
               9.  The method of lubricating an engine and repairing                  
          surface abrasions on bearing surfaces comprising adding a                   
          supply of a mixture of a granulated metal alloy metal and                   
          polytetra-fluoroethylene (PTFE) granules having micron to                   
          submicron sizes to an oil supply within an engine, running the              
          engine for a time sufficient to cause the granules of the                   
          granulated metal alloy material to be peened and burnished to               
          bearing surfaces within the engine, thereby embedding PTFE                  
          granules within the matrix of granulated metal alloy material               
          formed by the peening and burnishing.                                       
               The references relied upon by the examiner are:                        
          Cairns                   3,994,814         Nov. 30, 1976                    
          McCready                 4,888,122         Dec. 19, 1989                    
               The sole issue in this appeal is whether claims 1-12 were              
          properly rejected under 35 U.S.C. § 103 as being unpatentable               
          over the combination of McCready and Cairns.                                
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