Appeal 2007-1483
Application 10/344,390
Colclough 580. Relying on Lesieur and Welstand, the Examiner finds that
low sulfur containing gasoline fuels are well-known in the art. Answer at 5-
6.
The Appellants argue that one of ordinary skill in the art would not
have expected that wear in an internal combustion engine running on low
sulfur content fuel could be reduced by lubricating the engine using a
lubricating oil composition having a phosphorus content less than 0.05
weight percent. Appeal Brief at 12.
We disagree. Colclough 579 discloses automobile crankcase lubricant
oil compositions having a phosphorus content less than 0.05 weight percent
that provide excellent antioxidant, anti-wear, and bearing corrosion
inhibition. Likewise, Colclough 580 discloses automobile crankcase
lubricant oil compositions having a phosphorus content less than 0.01 weight
percent that provide excellent antioxidant, anti-wear, and bearing corrosion
inhibition. We find that one of ordinary skill in the art would have
reasonably expected the lubricant compositions disclosed in Colclough 579
and Colclough 580 to reduce engine wear in any automobile engine,
including an automobile engine running on the low sulfur content fuel
disclosed in Lesieur and Welstand.
The Appellants also argue that the claimed invention produces
unexpected results. Appeal Brief at 13. However, as discussed above, the
Appellants have failed to establish that the results reported in the Appellants’
Specification are “unexpected.”
Based on the record before us, it is reasonable to conclude that
Colclough 579 or Colclough 580 in combination with Lesieur or Welstand
render obvious the method of claim 11.
11
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