Ex parte FRIESEN et al. - Page 1






                                   THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                  
                                         The opinion in support of the decision being entered today                                              
                 (1) was not written for publication in a law journal and                                                                        
                 (2) is not binding precedent of the Board.                                                                                      
                                                                                                      Paper No. 16                               

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             _______________                                                                     

                                             BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                          AND INTERFERENCES                                                                      
                                                             _______________                                                                     

                                                      Ex parte TERRY V. FRIESEN,                                                                 
                                          JAMES J. HARRISON and WILLIAM R. RUHE, JR.                                                             
                                                              ______________                                                                     

                                                           Appeal No. 1997-0494                                                                  
                                                           Application 08/275,860                                                                
                                                             _______________                                                                     

                                                                  ON BRIEF                                                                       
                                                             _______________                                                                     

                 Before KIMLIN, METZ and WARREN, Administrative Patent Judges.                                                                   

                 WARREN, Administrative Patent Judge.                                                                                            
                                                             Decision on Appeal                                                                  
                         This is an appeal under 35 U.S.C.  134 from the decision of the examiner finally rejecting                             
                 claims 1, 3 and 4.  Claims 5 through 9 are also of record and have been allowed by the examiner.                                
                 Claim 1 is illustrative of the claims on appeal:                                                                                
                 1.  A lubricating oil composition comprising                                                                                    
                         (a) a major amount of an oil of lubricating viscosity;                                                                  
                         (b) a minor amount of a carbonated sulfurized metal alkyl phenate and                                                   




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