Appeal No. 95-4081
Application 08/071,895
describes his borates as being corrosion-inhibitors and that
Burjes describes the addition of corrosion-inhibitors to his
lubricating oils, which include gear oils. Hence, one having
ordinary skill in the art would have been motivated to use the
Braid borate in the lubricating oils of Burjes when corrosion-
inhibition would have been desirable, particularly where any
surface to be protected against corrosion is copper.
3. Claims 32 and 34
Claims 32 and 34 call for an aqueous composition.
Applicants maintain, correctly, that there is nothing in Braid
which teaches or suggests the use of the Braid borates in an
aqueous solution. We find it curious that the examiner has
not responded to applicants' arguments with respect to claims
32 and 34. Since there is no explanation by the examiner as
to precisely how Braid and/or Burjes is supposed to render
claims 32 and/or 34 unpatentable under 35 U.S.C. § 103, we are
left with no choice but to reverse the rejection of claims 32
and 34.
D. Decision
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