Appeal No. 1997-3770
Application No. 08/451,888
polysulfides, alkyl polysulfides and zinc diorganothiophosphates. The patentee discloses
therein that,
It has been determined that the extreme pressure
capabilities and anti-wear properties of the present
molybdenum-containing complexes are especially effective
in combination with one or more known, conventional E.P.
or anti-wear additives.
We further find that Le Suer suggests that the antiwear additives may be used in
combinations as they appear to co-act synergistically. See column 20, lines 39-59.
Accordingly, the person having ordinary skill in the art, following the express teachings of
Le Suer would have been motivated to prepare a composition containing a molybdenum
additive in combination with a polysulfide and a metal thiophosphate as required by the
claimed subject matter. Based upon these findings, we conclude that the disclosure of
Le Suer in and of itself is sufficient to establish a prima facie case of obviousness with
respect to the claimed subject matter.
Furthermore, it is reasonable to conclude that the specific suggestion in Le Suer for the
combination with one or more anti-wear lubricant additives provides sufficient motivation
to include the additives of Butke which imparts improved extreme pressure and anti-wear
properties to lubricant compositions. See Butke, abstract, column 1, lines 64-67, column
2, lines 3-7, 35-46, column 6, lines 12-22, 42-50 and 63-67.
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