Ex Parte Pace et al - Page 3

                Appeal 2007-1483                                                                             
                Application 10/344,390                                                                       
                      C. FINDINGS OF FACT                                                                    
                      The following findings of fact are supported by a preponderance of                     
                the evidence.  Additional findings of fact as necessary appear in the Analysis               
                portion of the opinion.                                                                      
                            1.     Colclough 579                                                             
                      Colclough 579 discloses lubricant compositions, especially                             
                automobile crankcase lubricants, containing low or zero amounts of                           
                phosphorous.  Colclough 579 at 2:3-4.                                                        
                      The disclosed lubricant compositions contain small amounts of                          
                phosphorous, i.e., less than 0.05 weight percent, preferably less than 0.01                  
                weight percent, more preferably less than 0.005 weight percent, but more                     
                preferably the lubricating compositions are substantially free of phosphorus.                
                Colclough 579 at 4:32-34.                                                                    
                      Colclough 579 provides examples of the invention as well as                            
                comparative examples.  Colclough 579 at 6:55-7:21.                                           
                      Colclough 579 explains that the results reported in these examples                     
                show that the lubricants of the invention provide excellent antioxidant, anti-               
                wear, and bearing corrosion inhibition with substantial absence of                           
                phosphorous.  Colclough 579 at 7:22-24.                                                      
                            2.     Colclough 580                                                             
                      Colclough 580 discloses lubricant compositions, especially                             
                automobile crankcase lubricants, containing low or zero amounts of                           
                phosphorous.  Colclough 580 at 2:3-4.                                                        
                      The disclosed lubricant compositions contain small amounts of                          
                phosphorus, i.e., less than 0.01 weight percent, preferably less than 0.005                  



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