Appeal No. 97-0766 Page 6
Application No. 08/287,448
provided between the members 1, 2. The secondary member
includes a support 4, a V-belt pulley unit 5 and a fly wheel-
type ring 6. Gebhardt teaches that the primary member 1
together with the resilient damping layer 3 and the support 4
may be obtained as a unit and that the V-belt pulley unit 5
and the fly wheel-type ring 6 can be connected positively or
merely be friction to the support 4 forming a unitary assembly
with the primary member 1 and the resilient damping layer 3.
The appellant argues (brief, pp. 4-5) that Gebhardt does
not disclose the claimed method steps of (1) establishing a
uniform clearance between the machine elements (i.e.,
Gebhardt's member 1 and support 4), and (2) forming a
viscoelastic layer in the clearance. We agree. Claim 13
requires that the viscoelastic layer be formed in the
clearance established between the machine elements. Gebhardt
does not disclose, either expressly described or under
principles of inherency, that his resilient damping layer 3 is
formed in the clearance established between his machine
elements (i.e., Gebhardt's member 1 and support 4). In our
opinion, the examiner's speculation (answer, p. 7) that
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