Ex Parte Norimatsu - Page 6

                Appeal 2007-0001                                                                                 
                Application 09/944,589                                                                           
                       Appellant’s Specification also teaches that vehicle wheel assemblies                      
                are placed under severe environment temperature changes and that the                             
                temperature changes result in fine cracking of the magnetized encoder which                      
                reduces the magnetic characteristics of the magnetized encoder and therefore                     
                leads to inaccuracy (Specification 2:9-16).                                                      
                       The Norimatsu Declaration states that a person of ordinary skill in the                   
                art would know to form the magnetized encoder of 85-90% wt% magnetic                             
                material and 10-15% wt% elastic material without undue experimentation                           
                based on the disclosure in Knack (Decl. ¶ 3).                                                    
                       Appellant’s Specification teaches that the magnetized encoder is                          
                formed of heat resistant rubber and in a thermal endurance test condition in                     
                which the magnetized encoder is subjected to 1,000 thermal cycles each                           
                consisting of heating at 120oC for one hour followed by cooling at -40oC for                     
                one hour, the magnetized encoder retains the following initial magnetic                          
                characteristics when measured at a point 2.0 mm distant from a magnetic                          
                sensor:                                                                                          
                             Single pitch deviation: ±2% or less and                                             
                             Magnetic flux density: ±3 mT or higher [Specification 11:3-15.]                     
                       Alff discloses a wheel bearing assembly as claimed including a                            
                magnetized encoder formed of elastomer material loaded with magnetic                             
                particles (Alff, col. 2, ll. 26-36 (describing a sealing device with an                          
                integrated coding device as described in U.S. Patent No. 5,431,413)).  The                       
                outer end of the cylindrical portion of the second sealing plate 25 has a wall                   
                thickness smaller than the remaining part of the cylindrical portion and is                      
                bent radially inward (Figs. 1 and 2).                                                            



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