Appeal No. 1997-0461
Application 08/267,683
a liquid dispersion. In claim 24, the liquid in claim 23 is
defined as "consisting essentially of water and a soap
emulsion." There are neither proportions nor amounts recited
in claim 23 for any of the claimed components.
We agree with the examiner's conclusion that Fujii '521
describes in their examples a lubricant as claimed by
appellant in claim 23. Specifically, as conceded by appellant
at page 5 of his main brief, Comparative Examples 4, 6 and 8
in Fujii '521 describe lubricants consisting essentially of a
sodium soap, molybdenum disulfide and water. Fujii '521
prepares the lubricants by dispersing or dissolving the
components in water (column 4, lines 37 through 41). Claim 23
requires nothing more than the ingredients described in Table
2 in Fujii ‘521. Anticipation or lack of novelty has been
held to be "the epitome of obviousness". See In re Pearson,
494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974).
Although Fujii (A1) claims priority benefit of the same
Japanese benefit application as one of the benefit
applications claimed by Fujii '521 (Japanese 204485, filed
August 9, 1989) the disclosure of Fujii (A1) is not identical
to the disclosure of Fujii '521. The chief difference between
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