Appeal No. 1998-1369
Application No. 08/622,620
A copy of illustrative independent claim 1 is reproduced
below:
1. A composition comprising (A) at least one antiwear or
extreme pressure agent containing sulfur, at least one basic
nitrogen compound, or a mixture thereof; and (B) at least one
hydrocarbyl mercaptan; with the proviso that when (A) is an
organic polysulfide, then the composition further comprises
(C) at least one phosphorus containing antiwear or extreme
pressure agent, at least one overbased composition, or
mixtures thereof, wherein (C) is different from (A).
The examiner has relied upon the following references as
evidence of obviousness:
Eby 2,382,700 Aug. 14, 1945
Hill 2,738,330 Mar. 13, 1956
Michaelis 4,260,503 Apr. 7, 1981
All of the claims on appeal stand rejected under 35
U.S.C.
§ 103 as unpatentable over Eby or Hill or Michaelis (Answer,
page 3). We affirm these rejections essentially for the
reasons in the Answer and those reasons set forth below.
OPINION
The examiner finds that each of Eby, Hill and Michaelis
disclose aliphatic mercaptans as additives for lubricating
oils (Answer, pages 3-4). Eby discloses that his particular
3
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