Appeal No. 97-3776
Application No. 08/396,501
does not teach these characteristics of the lubricant, or
their significance, and that Waddoups, the secondary
reference, does not cure these deficiencies. In addition,
appellants submit that the Waddoups declaration demonstrates
that a lubricant typical of the Fetterman lubricants do not
have a nitrogenous TBN contribution of at least about 1.5, and
that the lubricants typical of Fetterman do not pass all of
the tests required for the API CG-4 and API SH performance
certifications.
Although the examiner cites Fetterman for disclosing a
lubricant that comprises the four components of the claimed
lubricant, the examiner has failed to address the claim
limitations regarding the nitrogenous TBN source providing at
least about 1.5 TBN and the metal salt of an oil soluble acid
providing at least about 40% of the total TBN of the
lubricant. Consequently, the examiner has failed to establish
on this record that lubricants fairly within the Fetterman
disclosure inherently possess the claimed characteristics, or
that lubricants having the claimed characteristics would have
been obvious to one of ordinary skill in the art in view of
the collective teachings of Fetterman and Waddoups. As a
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