Appeal No. 95-5126
Application No. 08/045,675
a person having ordinary skill in the art to utilize both a
succinimide derivative and an alkyl or alkenyl phosphonate,
such as DMOP, in Barber’s composition with the reasonable
expectation of reducing the friction as indicated supra.
As a rebuttal to the prima facie case of obviousness
regarding the subject matter of claim 14, appellants rely on a
showing reported at page 17, lines 25-26, of the
specification. Specifically, appellants argue (Brief, page
16):
Additional evidence of nonobviousness of the
claimed combination of components in claims 14-21 is
provided in the results reported in the
specification at page 17 line 25-36. A comparative
test between a composition of the invention and the
best competitive proprietary premium gear additive
package on the market at time of filing was run
under the same conditions using the Big Wheel/Little
Wheel test developed by General Motors. The
lubricant of the invention ran 8569 miles before
failure due to chattering. In contrast, the
commercial additive ran only 4056 miles until
failure due to chattering. This test is recognized
by those skilled in the art as the GM Limited Slip
Axle Test procedure (R-4A1-4) and is an important
commercial performance test, with a severe test of
limited slip axle performance from continuous
engagement of the limited slip clutch pack due to
differential wheel rpms from the different size
tires utilized on the axle.
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