Appeal No. 2006-3310 Page 8
Application No. 10/282,424
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.” Answer, page 4. The Examiner
finds that Hefling “teaches that oil-based vehicles for anti-seize compositions may, for
example, comprise hydrocarbonaceous components such as naphthenic or other oils,
lubricating greases, waxes and the like (column 3, lines 32-36).” Id. She concludes that
it would have been obvious to one of ordinary skill in the art to have used Hefling’s oil
and grease vehicle as a dispersion system because “WO ‘528 broadly teaches that the
dispersion system can be an organic (petroleum oil, polymeric binders) or non-organic
(page 4, lines 18-22).” Id., page 5.
Appellants argue that “the oil in the metal flake [anti-seize]/oil suspension [of
Hefling] acts as a dispersion system.” Reply, page 5. They contend “[t]here is no
disclosure in Hefling that this oil in the metal flake/oil suspension contains grease.” Id.
“In Hefling, it is the ‘oil-based vehicle’ or carrier used in the ultimate antiseize
composition, as opposed to the oil in the metal flake/oil suspension, that may contain
grease.” Id.
We are not convinced by Appellants’ arguments. To establish obviousness,
there must be some teaching, suggestion, or motivation to combine the references. In
re Rouffet, 149 F.3d 1350, 1355-1356, 47 USPQ2d 1453, 1456 (Fed. Cir. 1998). Hefling
explicitly states that the “prior art anti-seizing compositions have typically been
formulated by dispersing metal flake in an oil-and/or-grease base composition.” Hefling,
column 1, lines 30-33. Grease is therefore described by Hefling as a conventional
dispersing agent in anti-seize compositions. Hefling also discloses a preference for
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007