Appeal No. 98-0192 7
Application No. 08/572,281
solubility at the operating temperature of the engine.
As for the requirement of at least one ceramic part, we find that Blystone discloses
that the lubricants include crankcase lubricating oils for spark ignited and compression
ignited internal combustion engines such as automobile and truck engines, marine and
railroad diesel engines and the like. See column 23, lines 39-44. In our view, the
disclosure of Blystone applies to all internal combustion engines and appellants have not
persuaded us that neither the possession of a ceramic part, nor the use of a particular
fuel to operate the engine would have convinced one of ordinary skill in the art to
interpret the reference in any other manner.
As to claims 67 and 68, “[T]he examiner bears the initial burden, on review of
the prior art or on any other ground, of presenting a prima facie case of
unpatentability,” whether on the grounds of anticipation or obviousness. In re Oetiker ,
977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). On the record
before us, the examiner has cited the Blystone reference as disclosing the metal salt to
reject the claimed subject matter and establish a prima facie case of obviousness. The
examiner, however, has not separately considered the alkylene-linked polyaromatic
molecule, the aromatic moieties of which comprise at least one hydrocarbyl-substituted
phenol and at least one carboxyl phenol as required by the claimed subject matter and
has not shown how the disclosure of Blystone would result in a metal salt having both the
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