Appeal No. 98-0192 5
Application No. 08/572,281
through K, columns 27-28, exemplify lubricants comprising oil of lubricating viscosity
and containing the metal salts disclosed by Blystone. We find that minor amounts of the
metal salts are added to the lubricants. See Examples E to K, and column 23, lines 50-
53. We further find that these oils of lubricating viscosity include esters of carboxylic
acids and polyols as well as esters of polycarboxylic acids and alcohols as required by the
claims of Group (A). See column 26, lines 3-9.
As to the composition of matter claims, we find that Blystone discloses a metal salt
prepared from the reaction product of a hydroxy aromatic compound and an aliphatic
carbonyl carboxylic acid. See column 14, line 24 to column 15, line 68. We further
find that the hydroxy aromatic compounds are disclosed at column 15, lines 21 to 41
and correspond to the hydroxy aromatic compounds disclosed in the specification at page
23, line 28 to page 24, line 17. We find that Blystone discloses sterically hindered
phenols which overlap those of the specification. These phenols include 2-t-butyl phenol
and 2,6-di-t-butyl phenol. See column 15, line 27. Indeed, Blystone discloses that the
reaction product of the hydroxyl aromatic compound and the carboxylic compound
results either in a carboxylic acid or a lactone depending upon the extent to which the
hydroxy aromatic compound is hindered. See column 16, lines 13-19. Based upon the
above findings, we conclude that the hydroxy aromatic compounds of Blystone may
contain a t-butyl group as required by claim 16, Group (C) and the resulting composition
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