Appeal No. 96-2768
Application 08/118,377
by the examiner in the answer. Accordingly, we affirm the decision of the examiner, and offer the following
in support thereof.
There appears to be no dispute that Schroeck discloses the zinc dithiophosphate as claimed by
appellant. Appellant argues, however, that Lange does not show the alkylated aminophenol as claimed
since Lange discloses alkyl groups from about 30 to about 750 carbon atoms (col. 2, lines 38-42). We
agree with the examiner that the teaching of Lange overlaps appellant’s claimed range of 18 to 30 carbon
atoms. The term "about 30" permits some tolerance, and therefore encompasses values on either side of
30. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); Titanium Metals
Corp. of Am. v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985); In re Ayers, 154
F.2d 182, 185, 69 USPQ 109, 112 (CCPA 1946).
Lange discloses a lubricating oil containing a minor amount of alkylated aminophenol which can
function primarily as a detergent and dispersant (col. 8, lines 56-59; col. 10, lines 30-33). Lange further
discloses that the lubricant can contain other additives such as antioxidation agents (col. 10, lines 33-39).
Schroeck discloses adding a minor amount of a zinc dithiophosphate to a lubricating oil to give the oil
antioxidant and antiwear properties (col. 1, lines 6-11; col. 2, lines 46-68; col. 14, Table I; claims 23-25).
Schroeck’s dithiophosphate has more than 50% and less than 100% of the alkyl groups derived from
primary alcohols (col. 2, lines 46-65). Schroeck further contemplates that additives such as detergents and
dispersants can also be added to his lubricating oil in addition to zinc dithiophosphate (col. 10, lines 62-68).
From the combined teachings of Lange and Schroeck, we conclude that a person having ordinary skill in
-4-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007