Ex Parte Patel et al - Page 2


            Appeal No. 2006-3310                                                          Page 2              
            Application No. 10/282,424                                                                        

            WO ‘5281, page 1, lines 5-7.  The instant application “provides anti-seize compositions           
            in a spreadable, yet dimensionally stable and solid form.”  Specification, [0028].                


                                                 Discussion                                                   
            Claim construction                                                                                
                   Claims 1-6 and 8-24 are appealed.  These are all the pending claims in the                 
            application.  Claim 24 stands rejected as indefinite under § 112, second paragraph.               
            Claims 1-6 and 8-24 stand rejected over prior art.  Appellants have separately argued             
            claims 20, 21, and 22 (with its dependent claim 23) from claims 1-6 and 8-19.  Brief,             
            pages 3-4.  Accordingly, these claims do not stand or fall together with claims 1-6 and           
            8-19.  In the grouping of claims 1-6 and 8-19, claim 1 is the only independent claim.  We         
            select that as representative for the purpose of deciding the rejection of claims 1-6 and         
            8-19.  Below, we reproduce claims 1, 24, and separately argued claims 20, 21, and 22.             
                   1. An anti-seize composition comprising:                                                   
                         a solid anti-seize lubricant selected from the group consisting of                   
                   metallic powders or flakes, non-metallic lubricants, and metal oxides,                     
                   hydroxides and fluorides;                                                                  
                         a grease selected from the group consisting of a calcium-                            
                   containing grease, a sodium-containing grease, a lithium-containing                        
                   grease, an aluminum-containing grease, a bentonite clay-containing                         
                   grease, a silica-containing grease, a synthetic organic grease and                         
                   combinations thereof; and                                                                  
                         a carrier having said anti-seize lubricant and said grease                           
                   dispersed therein, said carrier selected from the group consisting of oil,                 
                   polymeric matrix, wax, and petroleum oil having an API gravity at 60°F                     
                   from about 23 to about 25, said carrier being present in an amount to                      
                   render said composition non-flowable at temperatures greater than                          
                   about 120ºF,                                                                               

                                                                                                              
            1 Sports Care Products, WO 00/44528 (WO ‘528), August 3, 2000                                     





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