Appeal No. 1998-1664
Application No. 08/323,982
Blystone et al, U.S. Patent 5,356,546, disclose
lubricant compositions comprising the instantly
claimed metal salts of formula (II) (column 2, line
58 to column 3, line 56). The salts may contain an
excess of metal, i.e. overbased slats (column 14,
lines 9-16). Compositions for lubricating marine
diesel engines are taught in column 23, lines 39-
49). [Id. at pp. 3-4.]
Regarding the limitation “wherein the overbased metal salt has
a metal ratio of at least 1.3,” as recited in independent
claims 1 and 28 on appeal, the examiner alleges as follows:
Adams teach salts which may be “slightly basic”,
containing “preferably, not more than 25% excess
metal, more preferably no more than 15% and even
more preferably, no more than 5% excess metal”. See
Adams, column 13, lines 36-39. While Adams teaches
that the composition “preferably” does not contain
more than 25% excess metal, the reference is not
limited to the preferred embodiments. Thus Adams
[sic] broadest teaching of an overbased composition
is the disclosure of a composition which may be
“slightly basic”. A “preferred”, and more limited
composition is one that contains “not more than 25%
excess metal”, i.e., having a metal ratio of 1.25.
A “more preferred”, and further limited composition
is one that contains “not more than 15% excess
metal”, i.e., having a metal ratio of 1.15. The
“more preferred” composition thus contains 10% less
excess metal than does the “preferred” composition.
A “still more preferred”, and further limited
composition is one containing “not more than 5%
excess metal”, i.e., having a metal ratio of 1.05.
The “still more preferred” composition thus contains
10% less excess metal than does the “more preferred”
composition. It is clear from the above that a
“slightly basic” composition would contain at least
10% more excess metal than the “preferred”
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