Ex Parte Chamberlin et al - Page 4




             Appeal No. 2005-1816                                                                Παγε 4                                       
             Application No. 09/727,622                                                                                                       


             dithiophosphate (ZDDP), is typically used in the lubricating oil at a sufficient                                                 
             concentration to provide a phosphorus content of 0.12% by weight or higher in order to                                           
             pass industry standard tests for antiwear.  Recognizing that phosphates may result in                                            
             the deactivation of emission control catalysts used in automotive exhaust systems and                                            
             that, consequently, a reduction in the amount of phosphorus-containing additives (e.g.,                                          
             ZDDP) would be desirable, Manka sought to reduce the amount of phosphorus-                                                       
             containing additive in the oil and yet still provide the desired antiwear properties.  Manka                                     
             provides a solution to this problem by providing compositions that can function as either                                        
             a partial or complete replacement for ZDDP.  See column 1, lines 12-30.  In one                                                  
             embodiment of Manka's invention, such lubricating compositions and functional fluids                                             
             have a phosphorus content up to about 0.08% by weight and, in another embodiment,                                                
             up to about 0.05% by weight (column 28, penultimate paragraph).  Manka does not                                                  
             specifically mention use of the inventive lubricating compositions and functional fluids                                         
             with camless valvetrains but does teach that                                                                                     
                           [t]he lubricating compositions may be lubricating oils and                                                         
                           greases useful in industrial applications and in automotive                                                        
                           engines, transmissions and axles.  These lubricating                                                               
                           compositions are effective in a variety of applications                                                            
                           including crankcase lubricating oils for spark-ignited and                                                         
                           compression-ignited internal combustion engines, including                                                         
                           automobile and truck engines, two-cycle engines, aviation                                                          
                           piston engines, marine and low-load diesel engines, and the                                                        
                           like [column 27, lines 12-20].                                                                                     



















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