Appeal No. 1997-3770
Application No. 08/451,888
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.
Furthermore, it is reasonable to conclude that the teaching in Gallo for the
addition of lubricant additives to molybdenum containing complexes, column 6, lines 63-
66, provides sufficient motivation for both the addition of the borated overbased metal salt
of Schwind which is useful to assist in the frictional properties, column 3, lines 10-11 and
the friction modifiers of Schwind.
Based upon these findings, we conclude that the disclosures of Gallo combined with
Butke and Schwind are sufficient to establish a prima facie case of obviousness with respect
to the claimed subject matter.
As to the rejection of the claimed subject matter over Froeschmann, we find that
Froeschmann discloses the preparation of a lubricant containing molybdenum
dithiophosphates and molybdenum dithiocarbamates corresponding to component (A) of
the claimed subject matter. See Abstract, and column 2, lines 1-67. Examples 1 and 9
exemplify the utilization of a molybdenum compound within the scope of the claimed
subject matter. We find that Froeschmann discloses a synergistic mixture of metal organic
compounds and compounds free from heavy metal and containing sulfur and phosphorous.
See column 1, lines 34-36 and column 3, lines 13-39. We find that these compounds
include polysulfides which are obtained by sulfurization of organic substances. Id.
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