Appeal 2007-1483
Application 10/344,390
A rejection premised upon a proper combination of references cannot
be overcome by attacking the references individually. In re Keller, 642 F.2d
413, 426, 208 USPQ 871, 882 (CCPA 1981).
E. ANALYSIS
1. Rejection of claims 11 and 13-29 under 35 U.S.C.
§ 103(a) as being unpatentable over Waddoups in
combination with Lesieur or Welstand
The Examiner makes the following findings with respect to the
teachings of Waddoups (Answer at 4):
Waddoups et al [“Waddoups”] disclose a lubricating oil
composition and methods for improving the fuel economy
properties of an internal combustion engine which comprises
the steps of adding the lubricating oil composition to an engine
and operating the engine. See column 1, lines 52-58.
Waddoups teaches that the composition has a low phosphorus
content. The phosphorus from a zinc dialkyldithiophosphate
compound is present in the lubricating oil composition in an
amount of up to 0.1 weight %, preferably 0.025 to about 0.1
weight %. Waddoups teaches that the compositions may be
used in the formulation of crankcase lubricating oils for spark-
ignited and compression-ignited engines. See column 9, lines
5-28.
The Examiner finds that Waddoups does not disclose that the
lubricating oil composition is used in conjunction with a gasoline fuel
having a sulfur content of less than 10 ppm by weight. However, the
Examiner finds that any well-known gasoline fuel may be used in the spark-
ignited internal combustion engine disclosed in Waddoups. Relying on
Lesieur and Welstand, the Examiner finds that low sulfur containing
gasoline fuels are well-known in the art. Answer at 4.
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