Appeal No. 2007-0495
Application No. 10/699,510
a) providing a major amount of at least one base oil of lubricating
viscosity and a minor amount of at least one lubricating oil additive for
combination to formulate a lubricating oil composition;
b) providing a plurality of test reservoirs;
c) combining, under program control, the major amount of the at
least one base oil of lubricating viscosity and the minor amount of the at
least one lubricating oil additive in varying percentage compositions to
provide a plurality of different lubricating oil composition samples; and,
d) containing each of the different lubricating oil composition
samples in the plurality of test reservoirs.
23. A system for preparing a plurality of lubricant oil
formulations, under program control, which comprises:
a) a supply of at least one base oil of lubricating viscosity;
b) a supply of at least one lubricating oil additive;
c) a plurality of test reservoirs;
d) means for combining selected quantities of the at least one base
oil of lubricating viscosity with selected quantities of the at least one
lubricating oil additive to form a plurality of lubricating oil composition
samples; and,
e) means for dispensing each lubricating oil composition sample
in a respective test reservoir.
The following rejections are at issue in this appeal:
1) Claims 1 to 4 and 6 to 22 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Kolosov et al.
2) Claims 5 and 23 to 37 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Kolosov et al. and Shtein et al.3, 4
3) Claims 1, 13, and 14 are rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over claims 20, 22, and 23 of
copending Application 10/699,529.
3 The examiner denominated this rejection a new ground of rejection in the answer. See
answer, pp. 7-8.
4 Kolosov et al. is U.S. Patent Application Publication US 2004/0123650 published
July 1, 2004 (hereinafter “Kolosov”).
Shtein et al. is U.S. Patent Application Publication US 2005/0087131 published
April 28, 2005 (hereinafter “Shtein”).
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013