Appeal No. 97-4079
Application No. 08/310,592
first and second tests as showing that the polyketone gears
tested endured torques for a longer period of time, were
capable of being stressed to their mechanical limit without
significant loss in tooth dimension, and transmitted motion
and power up to the point of tooth breakage. The results of
the third test are illustrated in Figure 3 of the drawings
which shows that the polyketone gears (Gear A) produced
somewhat less sound than the acetal copolymer gears (Gear C),
but produced more sound than the nylon gears (Gear A). The
fourth test (example 4) compares the dynamic coefficient of
friction (DCOF) and wear factors of a disk-pin combination
made of a neat polyketone polymer (Disk A) to a disk-pin
combination made of acetal homopolymer (Disk B). According to
the specification (pages 15, 16), Table 1 shows that Disk A
had a lower DCOF, indicative of higher lubricity, and a wear
factor two orders of magnitude lower than Disk B.
For the following reasons, we do not find these
comparative tests to be convincing of the patentability of the
claimed subject matter. First, appellant has not established
that the tests provide a comparison with the closest prior
art. See In re Baxter Travenol Labs., 952 F.2d 388, 392, 21
-9-
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