Appeal No. 1999-2844
Application No. 08/813,530
continuously variable transmission using the lubricating
composition. Claim 1, directed toward the lubricating
composition, is illustrative and is appended to this decision.
THE REFERENCES
Le Suer 3,197,405 Jul. 27, 1965
Gutierrez et al. (Gutierrez) 5,320,768 Jun. 14, 1994
Bloch et al. (Bloch) 5,641,732 Jun. 24, 1997
(filed Jul. 17, 1995)
THE REJECTIONS
The claims stand rejected under 35 U.S.C. § 103 as follows:
claims 1-3, 6-8 and 11-18 over Gutierrez in combination with
Le Suer, and claims 1-18 over Gutierrez in combination with
Le Suer and Bloch.
OPINION
We reverse the aforementioned rejections. We need to
address only independent claim 1.1
Gutierrez discloses a lubricating composition which is
particularly suitable for use in automatic transmissions and
includes as a friction modifying additive a hydroxy ether amine
compound having a specified general formula (col. 1, lines 14-21;
col. 10, lines 29-59; col. 11, lines 50-65). The general formula
1 Claim 16, which is the only other independent composition claim, claims the additive
combination recited in claim 1 (except for excluding the option of component (2)(c)(3) being the
reaction product of an ethoxylated amine with a boron compound). Claim 18, which is the sole
method claim, recites a method for lubricating a continuously variable transmission using the
composition of claim 1.
2
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