Appeal No. 1997-0461
Application 08/267,683
composition."
CLAIMS 28, 29 AND 31
Claims 28, 29 and 31 are directed to a molybdenum
disulfide dispersion where the molybdenum disulfide is
dispersed in a liquid consisting essentially of kerosene,
chloroparaffin and carbon tetrachloride. Neither Fujii et al.
reference on which the examiner has relied discloses or
suggests any non-aqueous liquid let alone a combination of
kerosene, chloroparaffin and carbon tetrachloride. Appellant
has expressly argued this fact in both his brief and reply
brief as a basis for reversing the examiner's stated position.
The examiner has offered no substantive response to
appellant's argument but has merely observed that, with
respect to the rejection over Fujii '521, appellant's brief
declares that claims 23 through 31 stand together as a group.
Nevertheless, the rejection over Fujii (A1) was first
proffered in the Answer as a new ground of rejection under 35
U.S.C. § 103 over all the appealed claims. We find no
application of the disclosure in Fujii (A1) as it would apply
to the subject matter claimed in claims 28, 29 and 31. In
rejecting an applicant's claims, it is by now well-settled
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