Appeal No. 2007-0495
Application No. 10/699,510
Dictionary, 20 (10th ed. 1981). See answer, p. 9. The appellants do not challenge this
finding in the reply brief.
Based on the record before us, we find that Kolosov would have suggested a
method of testing a plurality of different lubricant compositions comprising a lubricant
and an additive. We further find that one of ordinary skill in the art would have expected
the lubricant compositions, comprising a lubricant and an additive, to have a major
amount of a base oil and a minor amount of an additive. Therefore, it is reasonable to
conclude that the claimed lubricant compositions would have been obvious to one of
ordinary skill in the art in view of the teachings in Kolosov.
B. Claimed means for combining base oil(s) and additive(s)
Claim 23 recites in relevant part:
A system for preparing a plurality of lubricant oil formulations,
under program control, which comprises: . . .
d) means for combining selected quantities of the at least one base
oil of lubricating viscosity with selected quantities of the at least one
lubricating oil additive to form a plurality of lubricating oil composition
samples; and,
e) means for dispensing each lubricating oil composition sample
in a respective test reservoir.
The examiner concludes that the “means for combining” invokes 35 U.S.C. § 112,
sixth paragraph. Answer, p. 9. The appellants do not challenge the examiner’s
conclusion.
Turning to the appellants’ specification, the “means for combining” at least one
base oil and at least one lubricating oil additive is described as a mixing chamber wherein
the base oil and additive are combined prior to dispensing. See specification, p. 18, lines
16-19; Figure 2.
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