Appeal No. 1996-2928
Application 08/313,727
The metal complex of Brannen may be produced by a reaction between an alkyl phosphoric
acid or an alkyl carboxylic acid and a transition metal complex of a polyamine, column 1, lines 60-67.
However, we find that only phosphorous acids having the ion, (PO ), are utilized or exemplified. See-3
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Example 1 and column 3, lines 20 to column 4, lines 3. Based on these findings, we conclude that
phosphorous acid will not provide the requisite phosphate ion,
( PO , as required by the claimed subject matter. Furthermore, it is reasonable to conclude that-3)
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Brannen never contemplated the use of “phosphoric acid,” per se, and used the term only in a generic
sense. Finally, we determine that there is no suggestion of simultaneously using both a carboxylic acid
and a phosphorous acid in the formation of the metal complex of Brannen.
Elliott’s disclosure is similar to that of Brannen. Elliott discloses engine oil lubricant, column 2, line
9-11, which contains a metal complex of a polyvalent metal capable of forming a coordination
complex, a polyamine and an organic acid residue. See column 2, lines 30-39. The preferred metal is
zinc. See column 2, lines 54-55. The organic acids include phosphates, sulfonates and carboxylates,
column 2, lines 39-49, and suitable carboxylates are found at column 2, line 64 - column 3, line 4.
However, in order to arrive at appellants’ claimed subject matter, we would have to utilize both
phosphate and carboxylate in the formation of the metal complex, but there is no suggestion for
combining the two components. Moreover, even were we to prepare a complex compound containing
both carboxylate and phosphate, we would have to satisfy the requisite proportions of the claimed
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