Ex Parte KOGANEI et al - Page 2




          Appeal No. 2000-1447                                                        
          Application No. 08/987,404                                                  


               from 10 wt.% to 30 wt.% based on the whole weight of the               
          base stock of an ester having a kinematic viscosity of from 8 cSt           
          to 35 cSt at 100°C and a saponification value of 200 mg-KOH/g or            
          lower; and                                                                  
               from 90 wt.% to 70 wt.% based on the whole weight of the               
          base stock of a poly("-olefin) and/or a highly-refined mineral              
          oil having a sulfur content of 5 ppm or lower and an aromatic               
          hydrocarbon content of 1 wt.% or less.                                      
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Seiki                           4,968,452           Nov.  6, 1990           
          Culpon, Jr. (Culpon)            5,151,205           Sep. 29, 1992           
          Arai et al. (Arai)              5,364,545           Nov. 15, 1994           
               Appellants' claimed invention is directed to a lubricating             
          oil for internal combustion engines comprising a base stock                 
          containing a poly("-olefin) and/or highly-refined mineral oil               
          and an ester having the recited kinematic viscosity and saponi-             
          fication values.  According to appellants, molybdenum-containing            
          oils, like those of the present invention, show extremely low               
          friction reducing effects when combined with ester-blended base             
          stocks (page 2 of specification, second paragraph).  According to           
          appellants, they have found that use of an ester having the                 
          claimed kinematic viscosity and saponification values "makes it             
          possible to fully exhibit the performance of a molybdenum-based             
          friction modifier" in a lubricating oil for internal combustion             
          engines (page 5 of specification, second paragraph).  Appellants            


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