Ex Parte Gao - Page 2



          Appeal No. 2006-0623                                                        
          Application No. 10/181,859                                                  

                               APPEALED SUBJECT MATTER                                
               The appellant “elects to have claims 11-14, 16, 17, 19 and             
          20 treated as a single group.”  See the Brief, page 4.  The                 
          appellant does not argue the separate patentability of the                  
          individual claims on appeal.  See the Brief in its entirety.                
          Thus, for purposes of this appeal, we select claim 11 from all              
          the claims on appeal and decide the propriety of the examiner’s             
          Section 103 rejection set forth in the Answer based on this claim           
          alone in accordance with 37 CFR § 41.37(c)(1)(vii)(2004).  Claim            
          11 is reproduced below:                                                     
               11.  A method for improving the control of the soot induced            
               viscosity increase of diesel engine lubricant compositions             
               as they age[,] said compositions comprising a major amount             
               of a base stock and a minor amount of a dispersant by                  
               incorporating into said diesel engine lubricant compositions           
               an effective amount of an antioxidant combination                      
               characterized in that the antioxidant comprises an oil                 
               soluble trinuclear organomolybdenum compound of the generic            
               formula:                                                               
                         Mo S -(Q)   (I)3 x                                                        
               wherein x is from 4 to 10, and Q is a core group, which may            
               be a ligand, and at least one other antioxidant compound               
               selected from an aminic compound.                                      
                                      PRIOR ART                                       
               The prior art references relied upon by the examiner in                
          support of the Section 103 rejection before us are:                         
          Fang et al. (Fang)   5,837,657   Nov. 17, 1998                              

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