Ex Parte Poirier et al - Page 3



          Appeal No. 2005-2510                                       Page 3           
          Application No. 10/122,049                                                  

          where R1 is H or C1 to C4 alkyl group, x is 1 or 2, y is an integer         
          of 1 to 4, and R2 is a C1 to C4 alkyl group or a phenyl group; the          
          method comprising adding to the fluid from about 0.01 wt% to                
          0.5 wt% of the basestock potassium perfluorobutane sulfonate                
          wherein said composition meets the Boeing test BMS 3-11L.                   
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claim are:                               
          Smith 3,679,587 Jul. 25, 1972                                               
          Kinker et al. (Kinker) 5,817,606 Oct. 06, 1998                              
              Claim 15 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Smith in view of Kinker.                                  
               We refer to the brief and to the answer for a complete                 
          exposition of the opposing viewpoints expressed by appellants and           
          the examiner concerning the issues before us on this appeal.                
                                       OPINION                                        
               Having carefully considered each of appellants’ arguments              
          set forth in the brief and the evidence supplied in rebuttal,               
          appellants have not persuaded us of reversible error on the part            
          of the examiner. Accordingly, we will affirm the examiner’s                 
          rejection for substantially the reasons set forth by the examiner           
          in the answer. We add the following for emphasis.                           









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