Appeal No. 96-2888
Application No. 08/222,495
compositional ingredients which contained phosphorous, for
example, by limiting the aforedescribed, modified composition of
Holubec to a secondary zinc dialkyldithiophosphate as the only
phosphorous-containing compositional ingredient.
The foregoing circumstances lead us to conclude that the
reference evidence adduced by the examiner establishes a prima
facie case of obviousness within the meaning of 35 U.S.C. § 103.
As rebuttal evidence of nonobviousness, the appellants refer
to Table I of their specification and the Nakazato Declaration of
record in the following paragraph from page 8 of the Brief:
A major factor in the present invention is the
surprisingly good results of the combination of
secondary zinc dialkyldithiophosphate and alkylene
dithiocarbamate on anti-wear performance of low
phosphorous lubricating compositions. The examples
shown in Table I of the specification show that the use
of alkylene dithiocarbamate alone is not enough to get
decent anti-wear performance. The examples in the
Nakazato declaration show that the use of alkylene
dithiocarbamate in conjunction with primary zinc
dialkyldithiophosphate is not enough to get decent
anti-wear performance. When you use the combination of
secondary zinc dialkyldithiophosphate and alkylene
dithiocarbamate you achieve excellent anti-wear
performance.
It is appropriate to here clarify that, contrary to the
appellants’ above quoted statement, the examples in Table I of
the specification do not show the use of “alkylene dithio-
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007