Appeal No. 1999-1808
Application 08/826,305
The Appellants have also asserted that there is no reasonable expectation of
success that an aqueous coating including molybdenum disulfide, a hydrophilic resin,
water and antimony sulfide will successfully produce a coating agent that forms a
lubricating film having enhanced lubrication properties. (Appeal Brief, page 7, lines 20-
24). The only support for this statement is found in the Appeal Brief, page 9, lines 6-22,
wherein the Appellants state:
Clearly, the influence of a hydrophilic resin on the lubricating properties of MoS2
and SbS3 is entirely unpredictable. The mere fact that Sb2S3 interacts with MoS2
in a powdered form to produce a lubricant having enhanced lubricating properties
does not give rise to a reasonable expectation that Sb2S3 will interact similarly
with MoS2 in an aqueous coating agent further comprising a substantial amount
of a hydrophilic resin. In fact, Nosov anticipated the unpredictable effects of
binders (i.e. a resin) on the properties of solid lubricants and, accordingly, limited
his study to lubricant coatings in the form of finely dispersed powders.
Specifically, Nosov states:
Although such coatings are less durable, they are extremely useful for
studying the properties of solid lubricants because they allow the
elimination of certain side effects caused by binders, fillers, and several
other technological factors. (Appeal Brief, page 9, lines 6-22).
We note that nowhere does Nosov actually state that the effects of binders are
unpredictable. Rather, what Nosov is stating is that he is isolating the active elements
in the composition to provide a true comparison illustrating the benefits of antimony
sulfide. We conclude that Nosov intended his results to transcend any one particular
binder system, and was not implying that binders were so unpredictable that he had to
remove them from the system. He was simply reducing clutter and excess variables to
illustrate the benefits of the antimony sulfides in a solid lubricant system.
We therefore conclude that one of ordinary skill in the art would have had a
reasonable expectation of success in including the Nosov molybdenum disulfide -
antimony sulfide system in an aqueous coating system such as Laepple.
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