Appeal No. 96-0011 Page 3
Application No. 07/993,896
THE INVENTION
Appellants invention is directed to a lubricating grease
containing a base oil consisting of an aromatic ester of a di,
tri, or tetra carboxylic acid with one or more C to C 7 18
alkanols combined with a polyurea thickening agent which is the
reaction product of an aromatic mono or polyisocyanate with an
aliphatic primary amine having an alkyl or alkenyl residue of 8
carbon atoms to 22 carbon atoms.
THE CLAIMS
Claim 3 is illustrative of appellant’s invention and is
reproduced below.2
3. A lubricating grease composition comprising 78.95 to
83.95 percent by weight of a base oil consisting of an ester of
an aromatic di-tri- or tetracarboxylic acid with one or more
2The claims presented in appellant’s appendix are
incorrect. Claim 3 was submitted by appellants on January 30,
1992, paper no. 9. It was amended on October 25, 1993 by
correction of a formula and insertion of, “consisting of” to
line 2 of claim 3. In an amendment after final, dated July 5,
1994, a further amendment was submitted deleting the phrase,
“or an aryl residue with 6 to 10-C atoms.” This amendment was
entered by the examiner for purposes of appeal. See the
advisory action, dated July 15, 1994. We find no basis on the
record before us for the limitation, “consisting of” in line 5
of claim 3 as it appears in appellant’s Appendix. Accordingly,
claim 3 before us is the one supra.
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