Appeal No. 1997-0461
Application 08/267,683
that the examiner bears the initial burden of making out a
prima facie case of obviousness. This the examiner has not
done with respect to claims 28, 29 and 31 and we know of no
reason why it would have been obvious to substitute for the
aqueous soap liquid carrier of the prior art references an
entirely non-aqueous liquid as claimed in claims 28, 29 and
31. Accordingly, on this record, the stated rejection of
claims 28, 29 and 31 is reversed.
OTHER ISSUES
We observe that claims 28, 29 and 31 are directed to
"lubricant/coolant" compositions consisting essentially of a
molybdenum disulfide dispersion in a liquid which consists
essentially of kerosene, chloroparaffin and carbon
tetrachloride. According to appellant's disclosure at page 15,
lines 8 through 10, carbon tetrachloride comprises from 3 to 5
percent of the "lubricant/coolant".
We take official notice of the following facts. Carbon
tetrachloride is toxic by ingestion, inhalation and skin
absorption. The narcotic tolerance of carbon tetrachloride is
5 ppm in air. Carbon tetrachloride decomposes to phosgene and
hydrochloric acid at high temperatures and is a known
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