Ex Parte De Vries et al - Page 4




                 Appeal No. 2005-0355                                                                                      Page 4                     
                 Application No. 10/080,714                                                                                                           


                          Mayumi discloses a bearing, used in a helicopter gearbox, having a large number                                             
                 of small recesses provided on the surface of the rolling element of the bearing or at                                                
                 least one of the rolling surfaces of inner and outer bearing rings “to control the                                                   
                 roughness of this slightly rough surface” (translation, page 1).  According to Mayumi,                                               
                                   [b]y these means, it becomes advantageous to form an oil                                                           
                                   film between the bearing rings and the rolling element using                                                       
                                   these recesses, thereby eliminating abrasion and peeling                                                           
                                   damage and thus extending the usable life [translation, page                                                       
                                   1].                                                                                                                
                          We find no disclosure in Mayumi, either in the abstract or in the remainder of the                                          
                 document, of forming the recesses by shot-peening or an average angle " of less than                                                 
                 5 degrees, as called for in claim 1.  The examiner concedes on page 3 of the answer                                                  
                 that these features are lacking in Mayumi.                                                                                           
                          Miyasaka discloses a method of forming recesses (concave portions 52) in the                                                
                 surface of the sliding portion of a metal product, such as a machine part, using a shot-                                             
                 peening process to provide sumps for oil to improve abrasion resistance at the sliding                                               
                 portion (column 1, lines 6-14).  Miyasaka teaches in the abstract that, by shot-peening,                                             
                                   the surface retains high hardness and toughness, even if                                                           
                                   sliding is performed for long time periods, and the concave                                                        
                                   portions are not deformed so that a stable oil film can be                                                         
                                   maintained.                                                                                                        

                          The examiner has determined that it would have been obvious to use shot-                                                    
                 peening to form the recesses in Mayumi’s bearing so lubricating oil can be retained in                                               








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