Appeal 2007-0510
Application 10/699,507
1 an additive therein that the base lubricant oil is present in a major amount
2 while the additive is present in a lesser minor amount.” Final Office Action
3 mailed November 4, 2005 at 12.
4 In the Answer, the Examiner further finds that an additive, by
5 definition, means any substance incorporated into a base material, usually in
6 a low concentration, to perform a specific function, i.e., a stabilizer, a
7 preservative, dispersing agent, antioxidant, etc. The Examiner cites The
8 Condensed Chemical Dictionary 20 (10th ed. 1981) for support. The
9 Examiner finds that one embodiment in Kolosov discloses a lubricant
10 containing an additive. Apparently combining the teachings of Kolosov and
11 the definition of “additive” in The Condensed Chemical Dictionary, the
12 Examiner finds that an additive would be incorporated into the lubricant of
13 Kolosov in a low concentration. Answer at 10-11.
14 The Appellants argue that lubricating oil compositions do not have to
15 contain a major amount of at least one base oil of lubricating viscosity and a
16 minor amount of at least one lubricating oil additive. The Appellants argue
17 that a lubricating oil composition can be a concentrate that contains a major
18 amount of a lubricating oil additive and a minor amount of base oil of
19 lubricating viscosity as a diluent for the concentrate.2 Appeal Brief at 7.
20 The Examiner has not directed us to any disclosure in Kolosov that
21 expressly describes a lubricant comprising a minor amount of at least one
22 lubricating oil additive. As for inherency, the Examiner has not
2 In the Reply Brief, the Appellants rely on Chemistry and Technology of
Lubricants 88 (R.M. Mortier & S.T. Orszulik, eds., 2nd ed. 1997)
(disclosing that certain dispersants are generally processed as 40 to 60%
concentrates in base oil). Reply Brief at 2. A reply brief shall not include
any new evidence. 37 C.F.R. § 41.41(a)(2) (2006).
13
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