Appeal No. 95-2657
Application No. 07/980,637
the here applied reference (and the examiner points to nothing
specifically) which would have suggested using the engine
lubricating oil composition thereof as an automatic
transmission lubricating fluid in accordance with the
appellant's claims. Stated otherwise, the examiner has
proffered no probative basis and we perceive none
independently which supports her aforequoted conclusion that
the here claimed method for lubricating an automatic
transmission "is not seen to be patentably distinct over the
engine oil composition of [Inoue]".
In light of the foregoing, we cannot sustain the
examiner's section 103 rejection of claims 2 through 7 as
being unpatentable over Inoue.
The decision of the examiner is reversed.
REVERSED
Edward C. Kimlin )
Administrative Patent Judge )
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