Appeal 2007-0510
Application 10/699,507
1 Tolvanen discloses a system that determines the stability of lubricating oil
2 compositions by measuring the intensity of light scattering from the oil
3 surface. Answer at 7.
4 The Appellants argue that Kolosov and Tolvanen do not disclose or
5 suggest a system for screening lubricating oil compositions comprising (a) a
6 major amount of at least one base oil of lubricating viscosity and (b) a minor
7 amount of at least one lubricating additive. The Appellants also argue that
8 Tolvanen does not disclose or suggest a testing station that includes a light
9 source and a photocell aligned with the light source for measuring storage
10 stability in a lubricating oil sample. Appeal Brief at 22-24.
11 Tolvanen discloses a device that determines the stability or storability
12 of oil by measuring the intensity of light scattering from the oil surface. The
13 measuring device comprises a light source 11, a sample vessel 12 containing
14 an oil sample, and an indicator 14. In operation, a light ray 16 is directed at
15 any angle from the light source 11 onto the surface of the oil in sample
16 vessel 12. Part of the arriving light ray 16 is scattered as a light ray 18 from
17 the oil surface and is detected by indicator 14 at any angle. Tolvanen, 2:52-
18 63; Figure 1. The Examiner finds that indicator 14 is a photocell and is
19 “aligned” with the light source 11. Answer at 14-15. An automated
20 analyzer for sampling and result comparing can also be employed.
21 Tolvanen, 2:33-37.
22 Significantly, the Appellants have failed to explain why the light
23 source 11 and indicator/photocell 14 are not “aligned” in the Tolvanen
24 device. Furthermore, it is of no moment that Tolvanen does not disclose that
25 the oil compositions tested comprise a major amount of a base oil of
26 lubricating viscosity and a minor amount of a lubricating additive. Based on
15
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