Appeal No. 95-4081
Application 08/071,895
to lubricating oils, including lubricating oil which are
useful as gear lubricants.
Braid tells us that "other additives" may be added to
lubricating oils having the phosphorus compound required by
paragraph (i) of claim 26. The reason the "other additives"
may be present is to "provide additional characteristics of
performance" (col. 5, lines 51-52).
Burjes tells us with more detail why various additives
may be present. Including among those various additives, are
both corrosion-and oxidation-inhibiting agents and extreme
pressure agents (col. 45, lines 51-53).
Whether this appeal is viewed as being one where a person
having ordinary skill in the art would add (1) a sulfurized
terpene or zinc dioctydithiocarbamate of Burjes to the Braid
lubricating composition or (2) the borate ester of Braid to
the Burjes lubricating composition, the result is the same.
In each instance, the person having ordinary skill in the art
would be adding an "additive" to a lubricating oil for its
intended purpose. Use of an additive for its intended purpose
is generally convincing evidence of non-obviousness. No
evidence has been called to our attention which would
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