Appeal 2007-0510
Application 10/699,507
1 demonstrated that the lubricants disclosed in Kolosov necessarily contain a
2 minor amount of an additive. The definition of “additive” relied on by the
3 Examiner merely establishes that an additive is usually incorporated into a
4 base material in a low concentration. This definition does not establish that
5 an additive is necessarily or inevitably present in a base material in a low
6 concentration.
7 For the reasons set forth above, Kolosov does not anticipate the
8 subject matter of claim 39.
9 Claims 40-42 depend from claim 39. Therefore, claims 40-42 fall
10 with claim 39. See 37 C.F.R. § 1.75(c) (2006) (“Claims in dependent form
11 shall be construed to include all the limitations of the claim incorporated by
12 reference into the dependent claim.”).
13 2. Claim 43
14 Claim 43 depends from claim 39 and recites that the testing station
15 includes a light source and a photocell aligned with the light source.
16 The Examiner finds that the high throughput system disclosed in
17 Kolosov can be used to screen flowable materials, such as lubricants and
18 oils. The Examiner finds that the system can be used to analyze the relative
19 or comparative effects that an additive has upon a particular flowable
20 material. The Examiner finds that the disclosed flowable materials can be
21 screened for various properties including viscosity, density, thermal
22 degradation, aging characteristics, chemical composition, and agglomeration
23 or sedimentation. Answer at 3-4.
24 The Examiner finds that Kolosov does not teach that the disclosed
25 lubricants can be screened for storage stability by optically measuring the
26 formation of sediment in each sample. However, the Examiner finds that
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