Appeal No. 2004-1861 Application No. 09/846,483 composition has a high temperature high shear viscosity according to ASTM D4683 of from 2.1 to less than 2.9 and comprises lubricating base oil (e.g., mineral oil), a specified zinc dialkyldithiophosphate so that the phosphorus content in the oil is from 0.04 to 0.12 mass%, a metallic detergent selected from (i) calcium salicylate and (ii) a mixture of calcium salicylate and magnesium salicylate so that the lubricating oil sulfated ash content according to JIS K2272 is from 0.8 to 1.8 mass%, and optionally at most 2.0 mass% of friction modifier. (Column 2, line 59 to column 3, line 13.) In the working examples, Fujitsu discloses the use of calcium salicylates having mass percents and TBN values ranging from 3.4 to 10.3 mass% and 80 to 340 mg/KOH/g, respectively. (Column 5, line 47 to column 9, line 5, e.g., Example 8.) Given the teachings of Fujitsu, we find ourselves in full agreement with the examiner (answer at 4-5) that one of ordinary skill in the art would have been led, prima facie, to formulate a lubricating oil composition encompassed by appealed claim 1. While Fujitsu’s examples teaches that additives such as ash-free dispersants may be included in the lubricating oil composition, such additives are taught as optional components. (Column 4, lines 50-53.) 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007