Ex Parte ZEHLER - Page 4




          Appeal No. 2001-1249                                                        
          Application 08/658,341                                                      


          and clay are “environmentally friendly” as that term is used by             
          the appellant.1                                                             
               King discloses a wide range of exemplified synthetic                   
          lubricants (col. 3, lines 48-56), one of which                              
          (trimethylolpropane tripelargonate) is among the second neopentyl           
          polyol esters encompassed by the appellant’s claim 40.  King does           
          not disclose that the synthetic lubricant can be the reaction               
          product of a neopentyl polyol and a C12-C20 monocarboxylic acid as          
          recited in both of the appellant’s independent claims 27 and 40.            
          However, King indicates that any synthetic fluid having                     
          lubricating viscosity is suitable as the lubricating base                   
          (col. 3, lines 48-49).  Two such synthetic fluids which are among           
          the neopentyl polyol esters encompassed by the appellant’s                  
          claim 27 and the first neopentyl polyol esters encompassed by the           
          appellant’s claim 40 are, as indicated by Zehler ‘990 (col. 14,             
          lines 22-23 and 52) and Zehler ‘840 (col. 14, lines 48-49;                  
          col. 15, lines 9-10), trimethylolpropane triisostearate and                 
          trimethylolpropane trioleate.  Mullin also indicates that                   
          trimethylolpropane triisostearate has a lubricating viscosity,              
          and discloses its use in combination with trimethylolpropane                

               1 The appellant indicates that as used by the appellant, “environmentally friendly” refers
          to thickeners which are naturally occurring (specification, page 12, lines 23-26).
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