Appeal No. 1998-1671 2
Application No. 08/481,186
that the rejection based on Albanese and thus the Decision on Appeal be vacated.”
(Request, page 6). In addition, the appellants raise the issue as to whether the limitation,
“a non-flammable solvent consisting essentially of tetrachloroethylene” (claim 1), precludes
the presence of water (Request, page 6). The appellants have argued that Albanese
contains preparations which include approximately 10 to 75% water (Request, page 7).
They state, “[b]ecause Albanese’s aerosol formulations include water, Albanese does not
disclose or suggest a non-flammable solvent consisting essentially of tetrachloroethylene as
recited in the claims,” (Request, page 6). We disagree.
Our interpretation of the scope of the aforesaid limitation present in claim
1 permits the presence of water in addition to a “non-flammable solvent consisting
essentially of tetrachloroethylene.” One of our principal concerns in our decision was
directed to the scope of claim 1 which is illustrated below:
1. A non-flammable liquid surface-penetrating lubricant, which comprises:
(a) a natural or synthetic oil in an amount of up to about 28% by weight of
said lubricant;
(b) a fluorocarbon polymer in an amount of up to about 1.8% of said lubricant;
and
(c) a non-flammable solvent consisting essentially of tetrachloroethylene;
said lubricant being contained in a dispenser container and including a non-
flammable aerosol propellant;
whereby said lubricant packaged in said container meets non-flammability
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