Appeal No. 2000-1447
Application No. 08/987,404
the ester and, as urged by appellants, the reference attaches no
significance to the saponification value and teaches no
correlation between the saponification value and friction
reduction. Although the examiner cites Seiki and Culpon for the
obviousness of using "a blended base oil stock having an ester
within the claimed 10 to 30 weight percent"
(page 6 of Answer, second paragraph), the examiner has not
offered a rationale why it would have been obvious for one of
ordinary skill in the art to select an ester having the claimed
saponification value for a lubricating oil comprising molybdenum
and dithiophosphate compounds. While the examiner points to
Culpon's disclosure of a C8 alcohol dimer acid ester and
concludes that it would inherently have a viscosity and
saponification value within the claimed range, the referenced
inclusion of such esters in a substantial list of ester oils
establishes only that it was known in the art to use a wide
variety of esters in oil compositions. Furthermore, Culpon is
directed to lubricants for chain and gear drive mechanisms but
makes no mention of internal combustion engines. Moreover,
appellants' comparative data in the specification demonstrates
that superior lubricants are obtained by using esters having the
claimed viscosity and saponification value.
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