Appeal No. 97-0455
Application No. 08/344,043
Accordingly, we find that Davis ‘757 and '138 teach lubricant compositions that are substantially free of
bright stock.
As the second difference, applicant argues that the Davis patents teach formulations including ash
forming and phosphorous containing materials and, therefore, the person of ordinary skill in the art would
not be lead to a lubricant substantially free of these components. Appeal Brief (Paper 11), p. 4.
Again we note that the Davis patents, while indicating such components may be used, teaches they
are optional components. Davis ‘757 specifically notes that the lubricant additives may contain “auxiliary
detergents and dispersants of the ash-producing or ashless type . . . . “ Davis ‘757, 20:26-30. Davis ‘138
similarly teaches the use of “auxiliary detergents and dispersants of the ash-producing or ashless type . .
. .” Davis ‘138, 17:28-30. Davis ‘138 also specifically recommends the use of ashless dispersants with
two-stroke cycle engines. Thus Davis ‘138 teaches that
heavier duty two-cycle lubricants require the use of suitable ashless dispersants
because of the proneness of the reference engine to deposit induced preignition.
Davis ‘138, 17:36-39. Additionally, we note that Example B of Davis ‘757 is free of ash forming
components. Davis ‘757 at 23:15-23. While applicant asserts that the listed borated succinic
acid/polyamine dispersant is an ash-containing material (Appeal Brief (Paper 11), p. 4), this statement is
not supported by any evidence and we give it little, if any weight. Estee Lauder Inc. v. L'Oreal, S.A., 129
F.3d 588, 593, 44 USPQ2d 1610, 1615 (Fed. Cir. 1997). Indeed, applicant’s assertion is contrary to
the record. Applicant’s specification under the subtitle “(B) Ashless Dispersants” describes various ashless
dispersants and states:
The dispersant includes nitrogen-containing carboxylic dispersants . . . . In one
embodiment, the dispersants may be post-treated with such reagents as . . . boron
compounds . . . .”
Specification (Paper 1), p. 22, lines 20-25. The succinic acid/polyamine dispersant of Example B is a
“nitrogen-containing carboxylic dispersant.” Additionally, Davis ‘757 characterizes “borated alkyl succinic
acid/polyamine dispersant/detergents" as ashless dispersants. Davis ‘757, 21:60 - 22:17, particularly, 22:7-
10. We find that Davis ‘757 and ‘138 teach lubricant compositions which are free of ash forming
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