Appeal No. 96-0306
Application No. 07/709,369
compositions, albeit for a different purpose, is inadequate to
establish a prima facie case of obviousness.
In short, the primary references to White and Jordan do not
teach and would not have suggested compositions and methods of
the type here claimed which relate to an automatic transmission
fluid or a wet brake fluid or a friction-dependent lubricant and
which employs certain polyols in certain amounts in order to
increase dynamic and/or static coefficients of friction.
Moreover, these deficiencies of White and Jordan are not remedied
by the disclosure of Papay. It follows that we cannot sustain
any of the above noted § 103 rejections advanced by the examiner
on this appeal.
The decision of the examiner is reversed.
REVERSED
Bradley R. Garris )
Administrative Patent Judge )
)
)
)
Chung K. Pak ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Charles F. Warren )
Administrative Patent Judge )
Mr. Dennis H. Rainear
Patent and Trademark Division
Ethyl Corporation
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