Ex Parte Poirier et al - Page 4



          Appeal No. 2005-2510                                       Page 4           
          Application No. 10/122,049                                                  

               Smith (column 3, lines 56-60) teaches that trialkyl                    
          phosphates are a preferred class of phosphates for use in forming           
          the base stock and that the phosphate ester should preferably               
          comprise from 65 to 99.999 weight percent of the fluid                      
          composition. As pointed out by the examiner (answer, page 3),               
          Smith discloses that “. . . the erosion effects of phosphate                
          ester based hydraulic fluids can be greatly diminished if a small           
          amount of a perfluorinated anionic surfactant is incorporated               
          into such fluid formulations.” See column 2, lines 46-50 of                 
          Smith. Smith (column 3, lines 4-7) discloses using from 0.001 to            
          5.0 parts surfactant per 100 parts of the phosphate ester. Smith            
          provides that the perfluorinated anionic surfactant used is an              
          alkali metal salt of a perfluoroalkyl sulfonic acid having a                
          specified formula and provides examples of suitable compounds,              
          including a sodium perfluorobutane sulfonate, as well as teaching           
          that potassium may also be employed as the alkali metal in                  
          forming the salts. See column 3, lines 11-26 of Smith. Also,                
          Smith (column 8, line 47 through column 9, line 8) teaches that             
          epoxide scavengers, such as claimed, can be included in the fluid           
          composition base stock. Moreover, Smith discloses that a                    
          viscosity index improver, such as a poly(alkylacrylate) or a                






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