Ex Parte NAKAZATO et al - Page 2



          Appeal No. 96-2888                                                          
          Application No. 08/222,495                                                  

               The subject matter on appeal relates to a low phosphorous              
          lubricating oil composition for internal combustion engines which           
          comprises a wear inhibiting and corrosion inhibiting effective              
          amount of a secondary zinc dialkyldithiophosphate and a                     
          thiocarbamate antiwear agent selected from a group of compounds             
          having a particular formula.  The composition has a phosphorous             
          content of about from 0.03 to 0.09 wt.%, and the phosphorous                
          content is attributable to the phosphorous content of said zinc             
          dialkyldithiophosphate.  A copy of the appealed claims including            
          representative independent claim 1 appears in the appendix of the           
          appellants’ Brief.                                                          
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Holubec                       3,876,550           Apr.  8, 1975             
          Newingham et al. (Newingham) 3,923,669            Dec.  2, 1975             
          Thorsell et al. (Thorsell)    4,648,985           Mar. 10, 1987             


               All of the claims on appeal stand rejected under 35 U.S.C.             
          § 103 as being unpatentable over Holubec and/or Thorsell in view            
          of Newingham2.                                                              

               2                                                                      
               2  The appealed claims will stand or fall together as                  
          indicated by the appellants on page 4 of their Brief.                       
                                          2                                           




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