Appeal No. 1997-1556
Application 08/340,247
consideration as the result of the examiner’s requirement to elect certain species. Thus, this appeal relates
only to the claims representing the elected species, claims 1-17.
The examiner rejected the claims on two grounds:
1. Claims 1-7, 9, 10 and 13 under 35 U.S.C. § 103(a) as unpatentable over Kulazhanov2
3 4 5
or Thornley combined with Moreton or Trivett.
2. Claims 8, 11, 12 and 14-17 under 35 U.S.C. § 103(a) as unpatentable over the same
6 7 8
combination of references combined with Perez, Randell or Stenmark.
We reverse.
The claimed subject matter relates generally to hydraulic fluids said to have fire resistant properties.
Claim 1, the sole independent claim on appeal, specifies a hydraulic fluid which is the mixture of at least two
components: (1) a trialkoxyalkyl phosphate and (2) a natural triglyceride. Claim 1 reads:
1. A fire-resistant hydraulic fluid comprising a mixture of about 20-90% by
weight of a trialkoxyalkylphosphate and about 10-80% by weight of a diluent
comprising a natural triglyceride having a high flash point.
2
Soviet Union Patent 654,671. All references to this document are to the English language
translation of record. The examiner’s answer indicates that the publication date of this document is March, 1979.
Paper 10, p. 3. However, the translation indicates that the publication date is not indicated. Applicants have not
challenged either the public availability or the date of publication stated by the examiner. Possible arguments not
raised in the brief are considered waived. See 37 CFR § 1.192(a), We therefore accept the date stated by the
examiner as the publication date.
3
United States Patent 2,796,400 issued June 18, 1957.
4
United States Patent 2,934,501 issued April 26, 1960.
5
United States Patent 5,372,736 issued December 13, 1994.
6
United States Patent 5,236,610 issued August 17, 1993.
7
United States Patent 4,163,731 issued August 7, 1979.
8
PCT Application WO 88/05808 published August 11, 1988.
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