Appeal No. 2004-0202
Application No. 09/719,014
move the bearing unit within the nylon part of the wheel, relying
on the camming action of the sloping sides 23 and the “resilient
yieldability” of the inner edge portion 22 of the web portion 12,
such that the web portion 12 sufficiently yields under the
applied force to permit interengagement of the outer race and the
inner edge portion 22 of the nylon part to assume the position
shown in Figure 1 (col. 2, l. 64-col. 3, l. 3). In Figure 1,
“the web portion 12 has resiliently resumed its normal position
after momentarily flexing and the inner radial edge portion 22 is
now positioned within the groove 21 of the outer race” to secure
the unit in place (col. 3, ll. 3-13). Accordingly, the
interengagement of the bearing portion with the rim portion of
Sutowski is clearly dependent on the resilient properties of the
nylon rim, web and inner radial edge portion.
The examiner finds that the admitted prior art Figures 1 and
4 disclose a metal rim, as recited in claim 11 on appeal (a
“metallic material”). However, the examiner has failed to
establish that one of ordinary skill in this art would have
applied the teachings of Sutowski regarding the interengagement
of the bearing portion with the nylon rim, with the unique
characteristics of the nylon, to the metal rim of the prior art
Figures 1-4. The mere fact that the prior art could be modified
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