Appeal No. 98-0192 4
Application No. 08/572,281
sustain this rejection.
The Rejection under § 103(a)
As an initial matter, the appellant groups’ claims 2, 3, 20, 21, 37 and 38, Group
(A), claims 53 through 60, Group (B), claims 16, 27, 33, 34, 50 and 51, Group (C)
and claims 67 and 68, Group (D), each Group being separate from claim 1 and the
balance of the claimed subject matter. See Brief, page 4. Accordingly, we select claims
1, 2, 16, 53 and 67 as representative of the claimed subject matter and limit our
consideration thereto. 37 C.F.R. § 1.192 (c)(7)(1995).
We find that Blystone discloses metal salts useful as additives for lubricants. See
column 1, lines 7-9 and column 25, lines 65-66. We further find that the metal salts of
the invention are useful as additives in preparing lubricant compositions where they
function to improve, for example, detergent, dispersant, anti-rust, antioxidant and the
like properties. See column 23, lines 34-38. Based upon the above findings, it is
reasonable to conclude that the metal salt is soluble in the oil of lubricating viscosity at
the operating temperature of the engine, in order fulfill its intended function, as required
by the claimed subject matter. Blystone is also directed to lubricants based on oils of
lubricating viscosity and additive concentrates containing the metal salts. See column 3,
lines 54-56 and column 25, line 65 to column 26, line 26. We find that Examples E
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