Appeal No. 95-2149
Application No. 08/026,039
inventive hydraulic fluid comprises lubricating oil as a base
component, nor does it disclose the inclusion of a condensed
phosphorus compound in any amount. Accordingly, we find it
abundantly clear that the addition of 100 parts by weight of a
lubricating oil and 2 to 20 parts by weight of a condensed
phosphorus compound to the claimed hydraulic fluid would,
indeed, materially affect the basic characteristics of the
claimed composition. Consequently, we do not subscribe to the
examiner's position that the claim language "consisting
essentially of" opens the claim to the inclusion of the
lubricating oil and condensed phosphorus compound of the
European reference.
The examiner's citation of the Sheratte references is
merely for the proposition that lubricating fluids and
hydraulic fluids are analogous art. However, these references
do not remedy the deficiencies of the European reference.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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