Appeal No. 97-3776
Application No. 08/396,501
result, the examiner has not met her initial burden of setting
forth a prima facie case of obviousness for the claimed
subject matter. Also, the examiner's treatment of the
Waddoups declaration at page 6 of the Answer is inadequate.
The examiner provides no critical analysis of the declaration
in support of her conclusion that the declaration results are
"expected in the use of secondary zinc dihydrocarbyl
dithiophosphates over primary zinc dihydrocarbyl
dithiophosphates." We note that the lubricant offered for
comparison in the declaration, ECA 14751, comprises 34 mole
percent sec-hydrocarbyl groups.
In conclusion, based on the present record, we are
constrained to reverse the examiner's rejection.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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