Ex Parte Chambard et al - Page 9



          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.)                                                               

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