Appeal No. 1999-2844
Application No. 08/813,530
includes compounds within the component (2)(c)(3) general
formulae in the appellants’ claim 1. Gutierrez’s lubricant
composition can contain, as an anti-wear additive, an organic
phosphite ester having a specified general formula (col. 12,
lines 13-32) which includes organic phosphites within the second
component (2)(a) formula in the appellants’ claim 1. Gutierrez
does not disclose a compound within the component (2)(b) general
formula in the appellants’ claim 1.
The examiner argues that “LeSuer teaches amine salts of
phosphates which encompasses the amine salt component of the
instant claims, component (b), as set forth in the specification
on page 13" (answer, page 4). The appellants state in their
specification (page 13, lines 9-18) that a particularly useful
class of amine salts of phosphates is prepared as described in
Le Suer. These amine salts of phosphates, however, are not the
ones recited in the appellants’ claims. As stated by Le Suer
(col. 1, lines 54-55) and indicated by the structure in the
appellants’ specification (page 13, line 17), each of Le Suer’s
amine salts of phosphates must contain a sulfur atom.
Component (2)(b) in the appellants’claim 1, which is a different
embodiment in the appellants’ specification (page 10, lines 10-
26) than that relied upon by the examiner, has no sulfur atom.
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