Ex Parte Chasan et al - Page 6


              Appeal 2007-0691                                                                     
              Application 10/465,423                                                               
          1   0.5 weight % of a sulfur-containing anti wear/extreme pressure additive              
          2   diternonly-trisulfide (TSP® 27).                                                     
          3         To samples of (1) the base formulation, (2) the base formulation               
          4   with GMO and (3) the base formulation with TSP 27) there was added Ciba              
          5   product Ingamet® 30, viz., 1-(di-(2-ethylhexyl)aminomethyl)-1,2,4-triazole.          
          6         The base formulation without Ingamet 30 (or GMO or TSO) had a                  
          7   lead content of 75 ppm.                                                              
          8         The base formulation with GMO and without Ingamet 30 had a lead                
          9   content of 358 ppm.                                                                  
         10         The base formulation with GMO and Ingamet 30 had a lead content of             
         11   29 ppm.                                                                              
         12         The base formulation with TSP and without Ingamet 30 had a lead                
         13   content of 117 ppm.                                                                  
         14         The base formulation with TSP and Ingamet 30 had a lead content of             
         15   45 ppm.                                                                              
         16         We are told that the base formulations with GMO or TSP, but without            
         17   Ingamet 30 are unsuitable for use [¶ 0146].                                          
         18         We are also told that the base formulations with Ingamet 30 and either         
         19   GMO and TSP have lead levels which are "very acceptable levels" [¶ 0146].            
         20                                                                                        
         21                              Claims on appeal                                          
         22         Claim 1 is representative of the composition claims on appeal.                 
         23         Claim 1 reads [matter in brackets added]:                                      
         24               An engine oil composition which comprises:                               
         25                     (a)  a base fluid,                                                 
         26                     (b)  1-(di-(2-ethylhexyl)aminomethyl)-1,2,4-triazole,              

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