Appeal No. 95-5126
Application No. 08/045,675
limited to combining various specific ingredients to form a
gear lubricant composition (see specification examples 1 and 2
at pages 15 and 16 together with example 12 at page 17
referred to by appellant), claim 14 is not so limited. Claim
14 not only specifically includes a myriad of compounds which
are materially different from the specific compounds employed
in the example referred to by appellant, but also does not
require the presence of various specific ingredients required
by appellant in the example. We find no evidence, and
appellants have not offered any, that the result based on a
single formulation can be reasonably extrapolated to support
the claimed plethora of formulations containing materially
different compounds.
According to appellants, the above showing also
establishes that the subject matter of claim 14 is a
commercial success. See Brief, page 17. On this record,
however, appellants do not provide sufficient information upon
which the examiner could conclude that the claimed subject
matter is commercially successful. There is nothing in the
record to show the market demand for appellants’ gear
lubricant composition; the growth of the market share
12
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