Appeal No. 2006-1425
Application No. 10/277,260
determination of whether the lubricant quality has fallen below a predetermined quality
level and directing the removed lubricant to a lubricant reservoir if it is determined that
the lubricant quality has fallen below a predetermined quality. Boyle does not disclose
determining the amount of lubricant necessary to maintain a desired lubricant quality.
The amount of lubricant removed in Boyle is a predetermined amount of lubricant.
In view of the foregoing, we will not sustain this rejection as it is directed to claim
1 and claims 2, 3, 7 to 9 dependent thereon. We will also sustain this rejection as it is
directed to claim 16 because claim 16 recites language similar to claim 1 i.e.
“calculating an amount of lubricant” to ensure lubricant quality.
We turn next to the examiner’s rejection of claims 3 to 8, which are dependent on
claim 1, under 35 U.S.C. §103 as being unpatentable over AAPA, Boyle and Margrey.
We will not sustain this rejection because the Margrey reference does not cure the
deficiency noted above for the AAPA and Boyle references.
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