Appeal No. 95-4081
Application 08/071,895
3,654,155 (1972) combined with Burjes, U.S. Patent 4,755,3115
(1988) (Examiner's Answer, page 2).6
Burjes
6. Burjes describes lubricating and functional
fluids which contain a borated amine salt of a
monothiophosphoric acid. 7. Neither applicants nor
the examiner maintain that the borated amine salt of a
monothiophosphoric acid described by Burjes is a borate ester
prepared by reacting [a] a hydroxy-containing organophosphorus
compound, having at least one sulfur atom with [b] a boron
compound within the meaning of paragraph (i) of applicants'
claim 26.
8. In describing the background to his invention,
Burjes tells us (col. 1, line 21-55; emphasis added):
The problems associated with the lubrication of
gears such as utilized in automotive transmission and
axles are well known to those skilled in the art. In the
lubrication of automatic transmissions, proper fluid
viscosity at both low and high temperatures is essential
to successful operation. Good low temperature fluidity
Braid is prior art under 35 U.S.C. § 102(b).5
Burjes is prior art under 35 U.S.C. § 102(b).6
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