Appeal No. 95-4081
Application 08/071,895
[1] a major amount of oil of lubricating viscosity,
(i) a borate ester prepared by reacting
[a] a hydroxy-containing organophosphorus
compound, having at least one sulfur atom
with
[b] a boron compound, and
(ii) at least one [member selected from the group
consisting of]
[a] sulfurized organic composition or
[b] a dithiocarbamate-containing compound.
2. Claims 20 and 25 call for a lubricating or
functional fluid composition which is a "gear oil."
3. Claims 32 and 34 call for an aqueous composition
comprising water and a minor amount of a borate ester.
4. In the specification, applicants state that a
description of "oils of lubricating viscosity" is set out at
col. 2, line 37 through col. 3, line 63 of Davis, U.S. Patent
4,582,618 (1986). We have considered that description in4
Davis. In part, it states:
The lubricating oil compositions *** contain less than
about 0.1% by weight of phosphorus, and more generally
less than about 0.08% by weight of phosphorus.
* * * * *
Davis is prior art under 35 U.S.C. § 102(b).4
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