Appeal 2007-4193
Application 10/367,432
substituent of 1300 molecular weight,” and thus, “the results presented in the
specification are not commensurate in scope with the” claims (id.).
We determine the plan language of claim 1 encompasses a lubricating
oil additive composition comprising at least any amount of each of the three
specified succinimide additives, wherein the “aromatic dicarboxylic acid
corrosion inhibitors which are succinimide salts or [sic, of] one or more
aromatic dicarboxylic acids” are produced by the specified process which
employs a succinic anhydride having a polyisobutenyl group with a number
average molecular weight of about 1100-1500, any manner of one or more
polyamines, and terephthalic acid. See, e.g., In re Thorpe, 777 F.2d 695,
697, 227 USPQ 964, 966 (Fed. Cir. 1985).
We agree with the Examiner’s findings of fact from Willis and Stuart.
We add the following with respect to Stuart. We find Stuart would have
acknowledged that it was known in the art that under operating conditions
where the internal combustion engine does “not reach the most efficient
operating temperatures . . . large amounts of partial oxidation products are
formed, and reach the crankcase of the engine,” most of which “are acidic in
nature, tending to form deposits which corrosively attack the various
operating parts of the engine . . . such as the pistons, piston ring bearings,”
such that “it is necessary to incorporate detergents and corrosion inhibitors
in the lubricating oil compositions” (Stuart, col. 1, ll. 18-35). Stuart
discloses that the combined detergent-corrosion inhibitors taught therein
address this problem (id. col. 1, ll. 51-53).
We find Appellants acknowledge the Exhaust Gas recirculation
(EGR) system in new diesel engines “introduces NOx in the intake stream of
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