Appeal 2007-1483
Application 10/344,390
The Appellants’ invention is directed to a method for reducing wear in
an internal combustion engine that runs on a low sulfur content gasoline fuel
by lubricating the engine with a low phosphorus content lubricating oil
composition.
Claim 11, the only independent claim on appeal, reads as follows:
A method for reducing wear in an internal combustion engine
running on a gasoline fuel having a sulfur content of less than
10 ppm by weight said method comprising lubricating said
engine using a lubricating oil composition which has a
phosphorus content of no more than 0.05 % by weight.
The Examiner relies on the following evidence in rejecting the claims
on appeal:
Waddoups U.S. Patent 6,074,993 Jun. 13, 2000
Lesieur U.S. Patent 6,129,835 Oct. 10, 2000
Welstand U.S. Patent 6,383,236 B1 May 7, 2002
Colclough EP 0 280 579 A2 Aug. 31, 1988
Colclough EP 0 280 580 A2 Aug. 31, 1988
B. ISSUES
Have the Appellants sustained their burden of showing that the
Examiner erred in rejecting claims 11 and 13-29 under 35 U.S.C. § 103(a) as
being unpatentable over Waddoups in combination with Lesieur or
Welstand?
Have the Appellants sustained their burden of showing that the
Examiner erred in rejecting claims 11 and 13-29 under 35 U.S.C. § 103(a) as
being unpatentable over Colclough 579 or Colclough 580 in combination
with Lesieur or Welstand?
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