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                 (2) is not binding precedent of the Board.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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