Appeal 2007-0510
Application 10/699,507
1 foods, crop agents, detergents, protective agents, lubricants, and the like.
2 Appeal Brief at 11.
3 Significantly, Kolosov discloses that the invention can be used to
4 screen lubricants. Kolosov, para. [0042]. Kolosov also discloses that the
5 invention can be used to analyze the relative or comparative effects that an
6 additive has upon a particular flowable material, e.g., the effect of a
7 detergent, a flow modifier, or the like. Kolosov, para. [0043].
8 Based on these teachings, we find that Kolosov would have
9 reasonably suggested to one of ordinary skill in the art that the disclosed
10 method is useful for testing lubricants containing an additive. For this
11 reason, it is reasonable to conclude that the method of claim 1 would have
12 been obvious to one of ordinary skill in the art in view of the teachings of
13 Kolosov.
14 4. Claims 20-29 and 38
15 The Examiner finds that Kolosov does not teach that the disclosed
16 lubricants can be screened for storage stability by optically measuring
17 sediment formation in each sample. The Examiner finds that O’Rear and
18 Tolvanen optically measure the formation of sediment to determine the
19 storage stability of oils. Answer at 7.
20 Claim 20 is not limited to measuring storage stability by measuring
21 the formation of sediment. Therefore, it is not necessary to consider the
22 teachings of O’Rear and Tolvanen in connection with the step of measuring
23 storage stability recited in claim 20.
24 The Appellants argue that Kolosov does not disclose or suggest the
25 invention of claim 20. Specifically, the Appellants argue that Kolosov does
26 not disclose or suggest a high throughput method for screening lubricating
18
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Last modified: September 9, 2013