Appeal No. 1997-3770
Application No. 08/451,888
Finally, it is reasonable to conclude that the teaching in Le Suer for the addition of
lubricant additives to molybdenum containing complexes, column 20, lines 60-62,
provides sufficient motivation for the addition of both the borated overbased metal salt of
Schwind which is useful to assist in the frictional properties, Schwind, column 3, lines 10-
11 and the friction modifiers of Schwind.
Based upon these findings, we conclude that the disclosures of Le Suer combined with
Butke and Schwind are sufficient to establish a prima facie case of obviousness with respect
to the claimed subject matter.
We turn next to the rejection of the claimed subject matter over Gallo in view of
Schwind and Butke. We find that Gallo discloses a lubricant formulation containing an
overbased additive for lubricant oil containing an organic molybdenum complex. The
additive has antiwear, friction reducing and antioxidant properties in the lubricant
formulations. See Abstract, column 1, lines 10-12 and column 2, lines 1-7. The additive
contains between 0.1 and 10% by weight molybdenum. See column 6, lines 56-57.
Moreover, we find that the lubricant composition may contain other additives, “having an
antiwear, dispersant and antioxidant effect.” See column 6, lines 63-66. It is reasonable
to conclude that the specific suggestion in Gallo for the combination with one or more anti-
wear lubricant additives provides sufficient motivation to include the additives of Butke
which impart improved extreme pressure and anti-wear properties to lubricant
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