Appeal No. 97-0455
Application No. 08/344,043
components.
With respect to phosphorous containing components, applicant asserts, without any evidentiary
support, that lubricants “often contain extreme pressure/antiwear agents which are normally phosphorous
containing materials.” Appeal Brief (Paper 11), p. 4-5. We note that Example B of Davis ‘757 does not
list any phosphorous containing ingredients. Davis ‘757, 23:10-23. Smalheer teaches that extreme
pressure additives include
organic compounds that contain one or more elements or functions such as sulfur,
halogen (principally chlorine), phosphorous, carboxyl, or carboxylate salt which
can react chemically with the metal surface under conditions of boundary
lubrication.
Smalheer, p. 9. Smalheer further teaches that extreme pressure additives in motor oils are also known in
the industry as anti-wear and anti-scuffing agents. Smalheer, p. 10. The only anti-wear agent listed in
Example B is a sulfurized hydrocarbon. Davis ‘757, 23:19. In view of these teachings, one having ordinary
skill in having ordinary skill in the art would understand Davis’ Example B to be free of phosphorous
containing components.
In view the combined teachings of the Davis patents and Smalheer, we conclude that the lubricant
compositions of claim 1 would have been prima facie obvious.
Claim 41
Claim 41 is identical to claim 1 except it limits component (A) to an aminophenol and component
(C) to an aromatic amine antioxidant. Davis '138 teaches the use of aminophenol additives . Davis '138,
4:44 to 11:33. And both Davis ‘757 and Davis ‘138 generally teach that antioxidants may be included in
the disclosed lubricant compositions. Davis ‘757 specifically teaches the use of phenolic antioxidant in a
crankcase lubricant. Davis ‘757, Example B, 23:9-23. Smalheer teaches that aromatic amine antioxidants
are conventional lubricant additives . Smalheer, p. 7. One having ordinary skill in the art would have
recognized that such conventional aromatic amine antioxidants would be useful as the antioxidants in the
Davis lubricants. The inclusion of aromatic amines as antioxidants in the Davis lubricants would, therefore,
have been prima facie obvious.
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