Appeal 2007-0510
Application 10/699,507
1 oil compositions comprising measuring the storage stability of each sample
2 to provide storage stability data for each sample. The Appellants also argue
3 that Kolosov does not disclose or suggest the step of providing a plurality of
4 different lubricating oil composition samples comprising (i) a major amount
5 of at least one base oil of lubricating viscosity and (ii) a minor amount of at
6 least one lubricating oil additive, each sample being in a respective one of a
7 plurality of test receptacles. Brief at 16.
8 The Appellants’ arguments are not persuasive. Kolosov discloses a
9 high throughput method for screening many flowable materials such as
10 lubricants. Kolosov, para. [0042]. Kolosov discloses that the high
11 throughput method can be used to analyze the resulting properties of a
12 particular flowable material or the relative or comparative effects that an
13 additive has upon a particular flowable material, e.g., the effect of a
14 detergent, a flow modifier, or the like. Kolosov, para. [0043]. Based on
15 these teachings, we find that Kolosov would have reasonably suggested a
16 high throughput method for testing lubricants containing an additive.
17 Kolosov does not expressly disclose that the lubricants comprise a
18 major amount of at least one base oil of lubricating viscosity and a minor
19 amount of at least one lubricating oil additive. However, the record before
20 us establishes that one of ordinary skill in the art would have understood
21 “additive” to mean any substance incorporated into a base material, usually
22 in a low concentration. See The Condensed Chemical Dictionary at 20; see
23 also O’Rear, paras. [0002] and [0046]. We find that one of ordinary skill in
24 the art would have reasonably expected the lubricant compositions in
25 Kolosov, comprising a lubricant and an additive, to have a major amount of
26 a base oil and a minor amount of an additive.
19
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