Ex Parte Dayal et al - Page 4




             Appeal No.  2006-1425                                                                                                            
             Application No.  10/277,260                                                                                                      
                                                maintenance time                                                                              
                                                or outage as mere                                                                             
                                                determining a pre-                                                                            
                                                determined engine                                                                             
                                                lubricant value                                                                               
                                                using other                                                                                   
                                                equivalent engine                                                                             
                                                operation                                                                                     
                                                parameter or                                                                                  
                                                period, absent                                                                                
                                                evidence of                                                                                   
                                                unexpected results                                                                            
                                                [answer at page 6].                                                                           

                           Appellants argue that the cited prior art does not disclose subject matter                                         
             that is recited in claim 1, i.e:                                                                                                 
                           Using the at least one quality parameter to determine a                                                            
                           replacement quantity of lubricant less than all of the lubricant                                                   
                           in the engine that must be removed from the engine and                                                             
                           replaced with fresh lubricant in order to maintain a desired                                                       
                           engine lubricant quality parameter.                                                                                
                    We agree with the appellants that the combined teachings of the cited prior art do                                        
             not describe a method that includes determining the quantity of lubricant that must be                                           
             removed from the engine and replaced with fresh lubricant in order to maintain the                                               
             desired lubricant quality parameter.  AAPA describes replacing all of the lubricant to                                           
             maintain a measured lubricant quality (specification at page 2).  Boyle describes                                                
             removing a predetermined amount of lubricant from the engine and making a                                                        


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