Appeal No. 97-4079
Application No. 08/310,592
USPQ2d 1281, 1285 (Fed. Cir. 1991); In re De Blauwe, 736 F.2d
699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984). It appears that
the closest prior art is Nadal which teaches a worm gear and a
sector gear made of glass-filled nylon, including about 30%
glass by weight (col. 2, lines 49-52), and which are designed
to have good strength and structural integrity (col. 2, line
16, 17). Appellant has not compared a like-polyketone gear
pair to a like-glass-filled nylon gear pair, including about
30% glass by weight and designed to have good strength and
structural integrity.
Second, it is not enough for appellant to show that the
results for the appellant's invention and the comparative
examples differ. The difference must be shown to be an
unexpected difference. See In re Freeman, 474 F.2d 1318,
1324, 177 USPQ 139, 143 (CCPA 1973); In re Klosak, 455 F.2d
1077, 1080, 173 USPQ 14, 16 (CCPA 1972). Appellant has not
explained why one of ordinary skill in the art would not have
expected the results obtained in the comparative tests of
Examples 1-4, based on the properties of the polyketone
materials which were tested.
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