Appeal No. 2004-1861
Application No. 09/846,483
use of only overbased metal salicylate will result in a useful
lubricating oil composition having excellent anti-wear
properties with respect to moving valve parts in four-stroke
engines. (Column 1, lines 5-9.) As we discussed above, the
appellants’ relied upon evidence of unexpected results is
insufficient because it is not commensurate in scope with the
claims.
As to separately argued claim 10, the appellants argue that
the claim “requires the addition of a dispersant-free
lubricating oil composition into the crankcase of a four-stroke
diesel engine.” (Appeal brief at 11.) However, such a
limitation is not recited in appealed claim 10. Moreover, the
appellants fail to identify any evidence in support of the
theory that Fujitsu’s lubricating oil composition cannot be used
for the same purposes disclosed in the present specification.
For these reasons, we uphold the examiner’s rejection on
this ground as well.
Summary
In summary, we affirm the examiner’s rejections under 35
U.S.C. § 103(a) of appealed claims 1 through 8 and 10 through 17
as unpatentable over either Clarke or Fujitsu.
The decision of the examiner is affirmed.
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