Ex Parte Chambard et al - Page 2



          Appeal No. 2004-1861                                                        
          Application No. 09/846,483                                                  

          compression-ignited (diesel) marine engine (claims 1-8 and 11-              
          16) and to a method of lubricating a medium speed compression-              
          ignited marine engine (claims 10 and 17).  Further details of               
          this appealed subject matter are recited in representative                  
          claims 1 and 10 reproduced below:                                           
                    1.  A trunk piston marine engine lubricating oil                  
               composition for a medium speed compression-ignited                     
               (diesel) marine engine wherein the composition is                      
               dispersant-free and has a Total Base Number (TBN) of                   
               25 or greater, and comprises:                                          
                    (A) an oil of lubricating viscosity, in a major                   
                         amount, and added thereto:                                   
                    (B) an oil-soluble overbased metal detergent                      
                         additive, as the sole overbased metal                        
                         detergent, consisting of one or more                         
                         aromatic carboxylates, in a minor amount,                    
                         and                                                          
                    (C) an antiwear additive, in a minor amount.                      
                    10.  A method of lubricating a medium speed                       
               compression-ignited marine engine, which method                        
               comprises supplying to the engine the truck [sic]                      
               piston marine engine oil lubricating composition as                    
               claimed in claim 1.                                                    
               The examiner relies on the following prior art references              
          as evidence of unpatentability:                                             
          Clarke                  4,283,294           Aug. 11, 1981                  
          Fujitsu et al.           6,114,288           Sep. 05, 2000                  
               (Fujitsu)                        (filed May 3, 1999)                 
               Claims 1 through 8 and 10 through 17 on appeal stand                   
          rejected under 35 U.S.C. § 103(a) as unpatentable over either               

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