Appeal No. 95-3834
Application No. 07/947,569
However, a closer reading of Cairns reveals that (col. 3,
lines
40-47):
The first filler material [e.g., titanium oxide], .
. . provides an anchor for the transfer film of
lubricating polytetrafluoroethylene. This holds the
lubricant to make maximum use of those properties
which result in an improvement in wear and low
friction.
Compare appellant’s specification, p. 2 (“The granulated alloy
material is peened and burnished to the bearing surfaces,
thereby entwining and embedding the granules of PTFE within a
matrix formed thereby.”); see also claim 9.
Therefore, we agree with appellant that nothing in the
Cairns reference teaches, suggests or motivates one of
ordinary skill in the art to add a metal alloy material to the
dry lubricant powders disclosed in McCready. See In re
Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed. Cir.
1991) (in a determination under 35 U.S.C. § 103 it is
impermissible to simply engage in a hindsight reconstruction
of the claimed invention, using the applicant’s structure as a
template and selecting elements from references to fill the
gaps; the references themselves must provide some teaching
8
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