Appeal No. 95-2149
Application No. 08/026,039
Upon careful consideration of the opposing arguments
presented on appeal, we concur with appellants that the
examiner has not established a prima facie case of obviousness
for the claimed subject matter. Accordingly, we will not
sustain the examiner's rejection.
European '932 discloses a lubricant comprising (1) a
lubricating oil, such as mineral oil, (2) a condensed
phosphorus compound and (3) at least one organic compound
containing phosphorus, sulfur or chlorine as an extreme
pressure agent. In the paragraph bridging pages 6 and 7, the
reference discloses that the organic compounds containing
phosphorus for use as the extreme pressure agent can be
phosphite esters, such as triisooctyl phosphite, and phosphate
esters, such as tributoxyethyl phosphate. As a result of this
disclosure, the examiner concludes that "European patent '932
requires the presence of each of the claimed components in a
single composition" (sentence bridging pages 4 and 5 of
Answer). However, the examiner overstates the teaching of the
reference. European '932 actually teaches that the third
component can be at least one of organic compounds containing
phosphorus, sulfur or chlorine. When the organic compound is
-3-
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