Ex parte CONARY et al. - Page 9




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


          reduction in noise level compared to blend 1.  See Brief,                   
          pages 15 and 16 in conjunction with Barber, columns 7 and 8.                
          However, we also note that, by using a small amount of                      
          dimethyl octadecyl phosphonate, blend 3 imparts the same                    
          result as blend 1 even though it uses a less amount of                      
          additives than that required by blend 1 (difference of 0.6 %                
          by weight of additive package A).  See Barber, columns 7 and                
          8.  Moreover, when more additives (additive package A) are                  
          used together with a small amount (0.24 % by weight) of                     
          dimethyl octadecyl phosphonate, the reduction in noise level                
          is similar to blend 6 containing a succinimide derivative                   
          friction modifier (which corresponds to the claimed 3-                      
          hydrocarbyl-2, 5-diketopyrrolidine) over the whole aural                    
          range, except over 2 kilohertz range.  Id.  These different                 
          results in the examples comport with the teachings of the                   
          Barber reference, which designate the succinimide derivative                
          as the main friction reducing means and the alkyl or alkenyl                
          phosphonate (inclusive of DMOP) as an additional friction                   
          reducing means.  See the examples at columns 7 and 8 together               
          with column 6, lines 15-19.  Thus, it is our conclusion that                
          the Barber and the Papay references as a whole would have led               
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