Ex Parte Wollenberg et al - Page 5

                Appeal 2007-0510                                                                                 
                Application 10/699,507                                                                           
                                                                                                                 
            1          C. FINDINGS OF FACT                                                                       
            2          The following findings of fact are believed to be supported by a                          
            3   preponderance of the evidence.  Additional findings of fact as necessary                         
            4   appear in the Analysis portion of the opinion.                                                   
            5                1.     Appellants’ Specification                                                    
            6          The Appellants’ invention relates generally to methods for high                           
            7   throughput screening of lubricating oil additives and lubricating oil                            
            8   compositions containing such additives.  Specification at 1:5-6.                                 
            9          Appellants define “high throughput” as meaning that a relatively large                    
           10   number of different lubricating oil additive compositions or lubricating oil                     
           11   compositions can be rapidly prepared and analyzed.  Specification at 5:19-                       
           12   6:1.                                                                                             
           13          The compositions can be analyzed for storage stability such as, e.g.,                     
           14   sedimentation data, color data, and viscosity data.  Specification at 20:13-16.                  
           15          One test for measuring storage stability includes determining how                         
           16   much light can pass through or be scattered by a sample of the lubricating oil                   
           17   additive composition or lubricating oil composition.  Specification at 22:1-3.                   
           18          Alternatively, a viscosity test may be used to determine storage                          
           19   stability.  Specification at 24:20-21.                                                           
           20          The base oil of the lubricating oil compositions of the invention may                     
           21   be any natural or synthetic lubricating base oil.  Specification at 11:16-18.                    
           22          The lubricating oil additive compositions of the invention include at                     
           23   least one lubricating oil additive that can be any presently known or later-                     
           24   discovered additive used in formulating lubricating oil compositions.                            
           25   Specification at 6:18-21.                                                                        



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