Ex Parte ZEHLER - Page 3




          Appeal No. 2001-1249                                                        
          Application 08/658,341                                                      


          claims 25 and 32-34.  Further, claims 24, 40, 41, 43 and 44 may             
          be considered to stand or fall together, but not claim 26.”  We             
          address the claims separately to the extent justified by the                
          appellant’s arguments.  See In re Burckel, 592 F.2d 1175, 1178-             
          79, 201 USPQ 67, 70 (CCPA 1979); In re Herbert, 461 F.2d 1390,              
          1391, 174 USPQ 259, 260 (CCPA 1972); 37 CFR § 1.192(c)(7)(1997).            
               King discloses a lubrication blend which consists                      
          essentially of at least one complex sulfide of antimony having a            
          specified formula, at least one antimony oxide, and at least one            
          lamellar crystalline solid lubricant (col. 1, lines 39-49).  The            
          lubrication blend can be combined with any suitable lubricant               
          base, the exemplified lubricant bases including greases and                 
          synthetic fluids (col. 3, lines 31-38).  The synthetic fluids               
          can, and often do, include a thickener (col. 3, lines 56-57).               
          Because the thickeners disclosed by King (col. 3, lines 57-61)              
          are the same as those disclosed by Tubbs (col. 2, lines 6-9) for            
          forming a grease, it reasonably appears that King’s mixture of              
          synthetic lubricant and thickener is a grease.  King’s thickeners           
          include soaps, which are among the appellant’s gelling agent                
          additive thickeners (specification, page 4, lines 19-23), and               
          silica and clay, which are among the appellant’s inorganic                  
          thickeners (specification, page 12, lines 21-23).  King’s silica            

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