Appeal No. 95-3862
Application No. 08/068,091
aluminum base alloy, the references fail to teach such treatments
for a multi-layered bearing comprising the claimed backing metal
layer, and, significantly, neither reference teaches or suggests
the substantial improvements in hardness and fatigue resistance
that are realized by the presently claimed multi-layered
bearings. Appellants' specification presents convincing data
that the presently claimed solution heat treatment and artificial
aging treatment result in significant improvements in hardness
and fatigue resistance. We note that bearings 6, 12 and 18 are
of the same composition but exhibit significant differences in
hardness and fatigue resistance due to their subjection to
different heat treatments. Also, the Rule 132 Declaration of
Masaaki Sakamoto, one of the present inventors, establishes that
specific alloys of Mori and Tanaka, the primary references,
realize a substantial increase in hardness and fatigue resistance
when subjected to the claimed solution heat treatment and
artificial aging treatment. We note that the examiner has
advanced no reason why one of ordinary skill in the art would
have expected the improved results set forth in appellants'
specification and the Sakamoto declaration.
We do not subscribe to the examiner's position that "the
instant aging temperature reads on no aging or aging at room
temperature," since the claim language "at most 250EC" includes
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