Ex parte SCHWIND et al. - Page 4




          Appeal No. 95-4081                                                          
          Application 08/071,895                                                      

          lubricating or functional composition claims.  We have found                
          no separate arguments with respect to any specific lubricating              
          composition claims, concentrate claim 30 or grease composition              
          claim 35.  Separate arguments, however, have been presented                 
          with respect to:                                                            
                    (1) claims 20  and 25 (page 6) and2                                                   
                    (2) claims 32  and 34 (page 6).3                                                   
               Accordingly, we will consider the broadest lubricating                 
          composition claim, which is claim 26.  All claims, except                   
          claims 20, 25, 32 and 34 stand or fall with claim 26.  We                   
          will, however, give independent consideration to claims 20,                 
          25, 32 and 34 for which separate arguments were explicitly                  
          made.                                                                       
               We have not overlooked that portion of the Appeal Brief                
          (page 4) which describes the nature of various groups of                    
          claims.  A mere recitation in a brief of what a claim                       




             In the Appeal Brief, applicants specifically mention claims 22 and 25.  The2                                                                        
          reference to claim 22, both in the Appeal Brief and the Reply Brief (Paper 15 at page
          2), obviously was intended to be a reference to claim 20.                   
             In the Appeal Brief, applicants specifically mention claims 33 and 34.  The3                                                                        
          reference to claim 33, both in the Appeal Brief and the Reply Brief (Paper 15 at page
          3), obviously was intended to be a reference to claim 32.                   
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