Ex Parte COMO et al - Page 2


               Appeal No. 2000-0994                                                                                                   
               Application 09/097,123                                                                                                 

                       component (A) being present in an amount of 50 to 80 parts by weight and compound (B)                          
               being present in an amount of 20 to 50 parts, by weight, per 100 parts by weight of the combined                       
               weights of (A) and (B).                                                                                                
                       The appealed claims, as represented by claim 1, are drawn to a dielectric lubricant                            
               composition comprising at least a phenyl-methyl siloxane having the average general formula                            
               and viscosity specified in the claim, and a polytetrafluoroethylene powdered solid, the two                            
               specified components being present in the specified amounts.  Claim 8 specifies a silicone rubber                      
               spark plug boot having a dielectric lubricant disposed in the boot cavity, wherein the dielectric                      
               lubricant is defined in the same manner as in claim 1.  Claim 9 specifies a method of lubricating                      
               a spark plug boot by disposing on the walls of the cavity thereof a lubricant comprising the stated                    
               parts of a phenyl-methyl siloxane having the average general formula as specified in claim 1 and                       
               of a polytetrafluoroethylene powdered solid.  According to appellants, the lubricant composition                       
               as specified in claim 1 and as encompassed by claim 9 withstands high temperatures and prevents                        
               the spark plug boot from bonding to the spark plug (specification, e.g., page 2).                                      
                       The references relied on by the examiner are:                                                                  
               Lontz                                        2,644,802                              Jul.    7, 1953                 
               Wright                                         3,671,429                             Jun. 20, 1972                   
                       The examiner has rejected appealed claims 1 through 11 under 35 U.S.C. § 103(a) as                             
               being unpatentable over Lontz or Wright, considered separately.                                                        
                       Appellants, in the brief (page 3), have presented three groups of claims: claims 1-7; claim                    
               8; and claims 9-11.  We decide this appeal based on appealed claims 1, 8 and 9.  37 CFR                                
               § 1.192(c)(7) (1997).                                                                                                  
                       We affirm the ground of rejection with respect to appealed claims 1 through 7 and reverse                      
               with respect to appealed claims 8 through 11.                                                                          
                       Rather than reiterate the respective positions advanced by the examiner and appellants,                        
               we refer to the examiner’s answer and to appellants’ brief for a complete exposition thereof.                          
                                                              Opinion                                                                 
                       As an initial matter, we find that, when considered in light of the written description in                     
               the specification as interpreted by one of ordinary skill in this art, see, e.g., In re Morris, 127                    
               F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997), the plain language of appealed                              


                                                                - 2 -                                                                 



Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007