Appeal No. 95-5126
Application No. 08/045,675
Barber reference at its examples employs about 0.24 to 0.32%
by weight of dimethyl octadecyl phosphonate friction modifier
(DMOP). See columns 7 and 8.
The Barber reference primarily differs from the subject
matter of claim 14 in that it does not specify a dimethyl
ester of an aliphatic phosphonic acid as its alkyl or alkenyl
phosphonate. However, as acknowledged by appellants at page
15 of the Brief, “at column 6, lines 15-18 [of the Barber
reference,] there is a broad suggestion to additionally
incorporate alkyl or alkenyl phosphonates, which generally
include the phosphonates of [the] Papay [reference,] along
with many other additives.” Appellants also acknowledge at
page 15 of the Brief that the Barber reference teaches at its
examples (column 7, lines 20 to column 8, line 18) employing,
as a friction reducing means, dimethyl octadecyl phosphonate
(DMOP) which according to appellant is the claimed dimethyl
ester of an aliphatic phosphonic acid. The Papay reference
also teaches that dimethyl octadecyl phosphonate (DMOP) is the
most preferred friction reducer. See column 1, lines 67-68.
According to the Papay reference, this type of a friction
reducer has been used in gear oil. See column 1, lines 28-31.
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