Ex parte SCHWIND et al. - Page 15




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

               characteristics of performance.  From about 0.05% to                   
               about 10% by weight of the products may be present in the              
               finished composition.                                                  
                    20. Braid differs from the subject matter of claim                
          26 in that it does not describe the presence of a sulfurized                
          organic composition or a dithiocarbamate-containing compound                
          as required by paragraph (ii) of claim 26.                                  

               C.   Discussion                                                        
                    1.   Claim 26                                                     
               We agree with the examiner that the subject matter of                  
          claim 26 would have been prima facie obvious in view of the                 
          combined teachings of Braid and Burjes.                                     
               As noted above, Burjes differs from the subject matter of              
          claim 26 in that it does not describe the presence of the                   
          borate ester called for by paragraph (i) of claim 26.  Braid,               
          on the other hand, differs from the subject matter of claim 26              
          in that it does not describe the presence of a sulfurized                   
          organic composition or a dithiocarbamate-containing compound                
          as required by paragraph (ii) of claim 26.  However, both                   
          Braid and Burjes tell us that various additives can be added                



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