Ex parte CONARY et al. - Page 2




          Appeal No. 95-5126                                                          
          Application No. 08/045,675                                                  


                             THE CLAIMED SUBJECT MATTER                               
               Appellants state that “[t]he rejected claims do not stand              
          or fall together; [c]laims 1, 14 and 22 are argued separately               
          below.”  See Brief, page 7.  Accordingly, for purposes of this              
          appeal, we will focus on claims 1, 14 and 22, which are                     
          reproduced below:                                                           
               1.  A homogeneous, oil-soluble additive concentrate which              
          comprises:                                                                  
          a)   a minor proportion of diluent oil;                                     
          b)   from 10 to 30% by weight based on the weight of said                   
                    concentrate of an organic sulfur-containing antiwear              
          and/or    extreme pressure agent having a sulfur content of at              
          least     about 20% by weight based on the weight of said                   
          antiwear       and/or extreme pressure agent;                               
          c)   from 1 to 5% by weight based on the weight of said                     
               concentrate of an ashless dispersant;                                  
          d)   from 2 to 8% by weight based on the weight of said                     
               concentrate of a dimethyl ester of an aliphatic                        
          phosphonic     acid in which the aliphatic group has an average             
          in the    range of about 12 to about 24 carbon atoms;                       
          e)   from 10 to 30% by weight of a 3-hydrocarbyl-2,5-                       
          diketopyrro-   lidine in which the hydrocarbyl group is an                  
          alkyl or alkenyl    group having an average in the range of                 
          about 12 to about 30     carbon atoms, the weight ratio of said             
          diketopyrrolidine to     said dimethyl ester being at least 3:1             
          and at least        sufficient to render said concentrate                   
          homogeneous at           temperatures at least as low as 12°C.              



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