Appeal No. 97-4079
Application No. 08/310,592
used in communicating power and motion in like polymer
combinations.
In view of the foregoing, we are satisfied that when all
the evidence and arguments are considered, the evidence of a
prima facie case has not been rebutted by appellant's showing.
Appellant argues (brief, pages 3, 4) that Nadal employs a
polymer material which is vastly different from the polyketone
polymer called for in claim 1 and that extreme dimensional5
limitations must be employed in the worm gear system disclosed
by Nadal to avoid mechanical failure. The deficiency in this
argument is that appellant is attacking a reference
individually when the rejection is based on a combination of
references. See In re Keller, 642 F.2d 413, 426, 208 USPQ
871, 882 (CCPA 1981); In re Young, 403 F.2d 754, 757-8, 159
USPQ 725, 728 (CCPA 1968). The use of a polyketone polymer
for manufacturing gears is disclosed in Kastelic as discussed
above.
5Appellant's brief makes the point that the materials
disclosed in Nadal do not include "aliphatic alternating
polyketones." Claim 1, however, recites only a "polyketone
polymer." At any rate, Kastelic teaches the use of an
"aliphatic alternating polyketone" to make gears.
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