Appeal No. 2007-0495
Application No. 10/699,510
ANALYSIS
A. Claimed lubricant compositions
Kolosov does not disclose that the combinatorial chemistry method and apparatus
can be used for testing a plurality of different lubricating oil compositions comprising a
major amount of at least one base oil and a minor amount of at least one lubricating oil
additive. However, the examiner concludes that (final Office action, p. 6):
[I]t would have been obvious to one of ordinary skill in the art at the time
of the instant invention to use the method and apparatus taught by Kolosov
et al for such a purpose since Kolosov et al teach that the combinatorial
chemistry method and apparatus is applicable to the testing of any
commercial flowable product such as lubricants, and also teach that the
products tested may include additives such as detergents, etc, therein.
The examiner finds that a lubricant composition containing an additive inherently
has a major amount of a base lubricant oil and a minor amount of an additive. See final
Office action, p. 9.
The appellants argue that lubricating oil compositions do not have to contain a
major amount of a base oil of lubricating viscosity and a minor amount of a lubricating
oil additive. To illustrate, the appellants point to (1) a lubricating oil composition
containing a major amount of a lubricating oil composition and a minor amount of base
oil of lubricating viscosity and (2) greases, jellies, and powders that may not require an
additive. Brief, p. 9.
In response, the examiner finds that an additive, by definition, means any
substance incorporated into a base material, usually in a low concentration, to perform a
specific function, i.e., a stabilizer, preservative, dispersing agent, antioxidant, etc. For
support, the examiner points to a definition of “additive” in The Condensed Chemical
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