Appeal 2007-0691
Application 10/465,423
1 D. Findings of fact
2 The following findings of fact are believed to be supported by a
3 preponderance of the evidence. To the extent that a finding of fact is a
4 conclusion of law, it may be treated as such. Additional findings as
5 necessary may appear in the Discussion portion of the opinion.
6 The invention
7 The invention relates to engine oil compositions that are said to be
8 non-aggressive towards lead. Published application, ¶ 0001.
9 According to Ciba, engine oil specifications are becoming more
10 stringent in the way of performance requirements and new formulations are
11 under development to meet these new specifications [¶ 0004].
12 Engine oil specifications are said to be defined in ASTM D 4485
13 [¶ 0004].
14 New engine oil formulations comprise certain additive chemistries
15 [¶ 0005].
16 Many of these additive chemistries are corrosive to lead [¶ 0005].
17 It is said to be difficult for formulators to meet the present engine oil
18 specifications by employing certain beneficial additives while also meeting
19 the specification for lead corrosion [¶ 0005].
20 From 1994 onward, diesel oils have been required to meet a lead
21 corrosion specification defined in ASTM D 4485 and as measured according
22 to either ASTM D 5968 (run at 125șC) or ASTM D 6594 (run at 135șC)
23 [¶ 0006].
24 ASTM D 4485 Standard Specification for Performance of Engine Oils
25 indicates a maximum allowed lead corrosion level of 60 ppm for API
4
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