Appeal No. 2006-0623
Application No. 10/181,859
The examiner finds (the Answer, page 3), and the appellant
does not dispute (the Brief, pages 5-8), that Fang teaches
a method for improving the performance of a sooted
diesel oil and to control soot-induced viscosity increase by
adding to a major amount of diesel oil a minor amount of a
composition comprising at least one compound of the formula
Mo3SkLnOz and mixtures thereof, wherein the L are
independently selected ligands having organo groups with a
sufficient number of carbon atoms to render the compound
soluble or disperible in the oil, n is from 1 to 4, k varies
from 4-10, Q is selected from electron donating compounds
and z ranges from 0 to 5. See column 1, lines 5-9 and lines
55-65. Fang teaches that the base oil may be selected from
any of the diesel lubricating oils including light diesel to
heavy duty diesel oils. The examiner is of the position
that the molybdenum compound disclosed in Fang meets the
limitations of the claimed compound when z (thus Q) is zero.
Rather, the appellant appears to argue that Fang and Smalheer
would not have suggested employing the claimed additional
antioxidant, i.e., an aminic compound, in a “method for improving
the control of the soot induced viscosity increase of diesel
engine lubricant compositions...” See the Brief, pages 5-8. We
do not agree.
As indicated supra, Fang teaches “a method for improving the
performance of a sooted diesel oil and controlling soot induced
viscosity increase and wear by adding to a major amount of a
diesel oil [base stock] a minor amount of a composition
comprising [the claimed oil soluble and dispersible trinuclear
organomolybdenum compound]”. See also column 1, line 55 to
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