Appeal No. 96-2768
Application 08/118,377
The Claimed Subject Matter
The claims on appeal are directed to a lubricating composition containing an alkylated aminophenol
and a zinc dithiophosphate. On page 3 of the brief, appellant acknowledges all of the pending claims stand
or fall together. Accordingly, we will limit our consideration to claim 1, the broadest independent claim,
which reads as follows:
1. A lubricating oil composition comprising a major portion of at least one oil of
lubricating viscosity, a minor portion of an alkylated aminophenol, and a minor portion of
zinc dithiophosphate, wherein more than 50 mole %, but less than 100 mole %, of the alkyl
groups of the zinc dithiophosphate are derived from primary alcohols, and wherein the
alkyl group of the alkylated aminophenol has from 18 to 30 carbon atoms.
References of Record
The following references of record are relied upon by the examiner as evidence of obviousness:
Lange 4,320,020 Mar. 16, 1982
Schroeck 4,466,895 Aug. 21, 1984
The Rejection
Claims 1, 2, 4 and 5 stand rejected under 35 U.S.C. § 103 as unpatentable over Lange in view
of Schroeck.
Opinion
After careful consideration of the issues raised in this appeal and with the arguments of both the
appellant and the examiner, we find that the rejection of claims 1, 2, 4 and 5 based upon the combined
teachings of Lange and Schroeck is well founded and will be sustained essentially for the reasons advanced
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