Appeal No. 2005-1816 Παγε 2
Application No. 09/727,622
BACKGROUND
The appellants' invention relates to a method of operating a camless internal
combustion engine that includes lubricating the engine using a low-phosphorus or
phosphorus-free lubricating oil composition in order to "provide an engine and a
lubricant system for that engine that adequately addresses the antiwear protection
needs of the engine and yet reduces or avoids damage to the exhaust gas
aftertreatment device" (specification, page 1). A copy of the claims under appeal is set
forth in the appendix to the appellants' brief.
The Applied Prior Art
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Schechter 5,456,222 Oct. 10, 1995
Manka et al. (Manka) 5,834,407 Nov. 10, 1998
The Rejection
Claims 1, 3-9 and 13-41 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Schechter in view of Manka.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the final
rejection (mailed January 7, 2004) and answer (mailed August 6, 2004) for the
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