Ex parte DAVID E. WELSH et al. - Page 3




                    Appeal No. 96-0706                                                                                                                                     
                    Application 08/185,756                                                                                                                                 


                    Rhoda, Chief Metallurgist for the Spicer Universal Joint Division                                                                                      
                    of Dana Corporation , (2) David E. Welsh, one of the co-inventors2                                                                                                                
                    and an employee of the Spicer Universal Joint Division of Dana                                                                                         
                    Corporation, and (3) Douglas E. Breese, an Applications Engineer                                                                                       
                    employed by the Spicer Universal Joint Division of Dana                                                                                                
                    Corporation.  Each declarant states that he is very familiar with                                                                                      
                    many metallurgical processes based on his training and employment                                                                                      
                    and declares, in identically worded statements, the following:                                                                                         
                                        4.        Although not expressly stated in the                                                                                     
                              specification of the application as originally filed,                                                                                        
                              it is clear to me that the aluminum welding material is                                                                                      
                              welded only to the surface of the drive shaft, and is                                                                                        
                              not welded to any portion of the body of the balance                                                                                         
                              weight.  I know this to be true because of the                                                                                               
                              relationship between the inherent properties of                                                                                              
                              aluminum and steel.  Aluminum has a relatively low                                                                                           
                              melting temperature in comparison to steel.  Thus, when                                                                                      
                              molten aluminum welding material is introduced into the                                                                                      
                              aperture formed through the body of the balance weight,                                                                                      
                              the temperature thereof is too low to melt any portion                                                                                       
                              of the balance weight.  Rather, the molten aluminum                                                                                          
                              welding material only contacts the inner surface of the                                                                                      
                              aperture and the outer surface of the body of the                                                                                            
                              balance weight, without causing any melting or welding.                                                                                      
                                        5.        Welding is a process by which metals are                                                                                 
                              joined together by the application of heat such that                                                                                         
                              they melt together.  In the specification of the                                                                                             
                              application as originally filed, it is clear to me that                                                                                      
                              the aluminum welding material melts a portion of the                                                                                         
                              outer surface of the aluminum drive shaft so as to be                                                                                        

                              2Dana Corporation is indicated to be the assignee of the                                                                                     
                    present application and the real party in interest in the present                                                                                      
                    cause.                                                                                                                                                 
                                                                                    3                                                                                      





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