Appeal No. 2005-2510 Page 5
Application No. 10/122,049
poly(alkylmethacrylate) can be employed in the fluid. While the
polymeric viscosity improver of Smith is not described as
including a polymer of the molecular weight within the range
called for in the appealed claim, the examiner (answer, page 4)
notes that Kinker discloses phosphate ester functional fluids
wherein the viscosity index-improving polymer has a weight
average molecular weight within the claimed molecular weight
range.
Appellants do not dispute the examiner’s determination that
one of ordinary skill in the art at the time of the invention
would have found the use of the higher molecular weight viscosity
improver of Kinker to be an obvious substitute or additive
viscosity improver for use in the functional fluid of Smith based
on the combined teachings of the references. In this regard,
appellants do not argue that the combined teachings of the
applied references, as furnished by the examiner, fail to
establish a prima facie case of obviousness of the claimed
subject matter, including the claimed addition of potassium
perfluorobutane sulfonate.
Rather, appellants maintain their disagreement with the
examiner’s obviousness determination on an alleged showing of
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