Ex parte CONARY et al. - Page 5




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


               As evidence of obviousness of the subject matter defined               
          by independent claim 14, the examiner primarily relies on the               
          Barber and the Papay references.  The Barber reference is                   
          directed to a gear lubricant composition.  See column 1, lines              
          4-6.  The gear lubricant composition comprises (a) up to a                  
          major amount of a lubricant (see column 1, lines 51 and column              
          2, line 38 to column 3, line 12); (b) 1 to 20 % by weight of                
          at least one organic sulfur-containing antiwear and/or extreme              
          pressure agent having a sulfur content of at least 20% by                   
          weight based on the weight of the antiwear and/or extreme                   
          pressure agent (see column 1, lines 51-53 and column 3, lines               
          13-34); 0.25 to 15%, desirably 0.05 to                                      
          1.5%, by weight of at least one succinimide derivative                      
          friction modifier corresponding to the claimed 3-hydrocarbyl-               
          2,                                                                          
          5-diketopyrrolidine (compare Barber, column 1, lines 54-65 and              
          column 6, lines 26 to 65, with appellants’ specification, page              
          9); (d) at least one ashless dispersant (compare Barber,                    
          column 5 with appellants’ specification, pages 6-9); and (e)                
          at least one additional friction modifier, such as alkyl or                 
          alkenyl phosphonate (see Barber, column 6, lines 15-19).  The               
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