Ex parte OKITA et al. - Page 2




          Appeal No. 1998-0123                                                        
          Application No. 08/251,575                                                  


          comprising 0.1 wt% up to 1.2 wt% of carbon and the balance                  
          being Fe, the one of the components having a hardened layer                 
          with a grinding allowance portion after being subjected to                  
          carbonitriding and hardening heat treatments, followed by                   
          grinding the grinding allowance portion to obtain a finished                
          component part having a surface layer which removes the                     
          grinding allowance portion from the hardened layer,                         
               wherein said surface layer comprises:                                  
               carbon in a range from 0.9 wt% up to 1.6 wt%;                          
               nitrogen in a range from 0.05 wt% up to 0.3 wt%;                       
               said nitrogen content being at least 0.05 wt% at a depth               
          of 2% of a diameter of the finished component part inwardly                 
          from a surface of the surface layer; and                                    
               a nitrogen gradient, which is the rate of change in the                
          concentration of nitrogen in the depth direction of said                    
          surface layer, not exceeding 0.5 wt%/mm.                                    
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Furumura et al.               4,871,268              Oct. 3, 1989           
          (Furumura)                                                                  
          Hoshino (JP '257)             3-24257                Feb. 1, 1991           
          (Japanese Published Unexamined Patent Application)                          
               Appellants' claimed invention is directed to a rolling                 
          bearing that has been subjected to carbonitriding and                       
          hardening, followed by grinding to provide a surface layer                  
          comprising carbon and nitrogen in the recited amounts and                   
          possessing a nitrogen gradient not exceeding 0.5 wt%/mm.  The               

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