Appeal No. 2004-0202
Application No. 09/719,014
containing a ball or roller bearing having an inner and outer
portion which can rotate relative to each other and a second
portion formed from a metallic material comprising a rim (Brief,
page 2). The outer surface of the outer portion of the first
portion has at least one recess while the surface of the second
portion is deformed, such that the resulting deformation(s)
protrude(s) into the recess(es) on the outer surface of the first
portion to secure the second portion to the first portion (id.).
A copy of illustrative independent claim 11 is attached as an
Appendix to this decision.
The claims on appeal stand rejected under 35 U.S.C. § 103(a)
as unpatentable over appellant’s Figures 1-4 (admitted prior art)
in view of Sutowski, U.S. Patent No. 2,935,357, issued
May 3, 1960 (Answer, page 3, referring to the rejection as set
forth in the final Office action dated July 23, 2002, Paper
No. 15). We reverse the sole rejection on appeal essentially for
the reasons stated in the Brief and those reasons set forth
below.
OPINION
In the Answer, the examiner refers to the rejection as “set
forth in prior Office Action, Paper No. 15.” Answer, page 3. In
the final rejection in Paper No. 15, the examiner concludes that
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