Ex Parte Wakita et al - Page 2

                  Appeal 2006-3302]                                                                                            
                  Application 10/153,865                                                                                       
                          Appellants’ invention is directed to a power transmission shaft                                      
                  including, inter alia, an electric-resistance welded pipe part and coupling                                  
                  members furnished on opposite ends thereof.  The pipe part is made of a                                      
                  steel material including specified amounts of carbon, silicon, manganese,                                    
                  aluminum, and sulfur, with a remainder of iron.  An electro-unite portion of                                 
                  the pipe part has been hardened such that it possesses a Rockwell hardness                                   
                  (HRC) of 45 or more.  Claim 1 is reproduced below1:                                                          
                                 1. A power transmission shaft having an electric-resistance                                   
                          welded pipe pipe part made of a steel material and coupling members                                  
                          respectively provided on the opposite ends of the pipe part, wherein                                 
                          the steel material includes 0.30-0.45% by weight of C, 0.05-0.35% by                                 
                          weight of Si, 1.0-2.0% by weight of Mn, 0.05% by weight or less of                                   
                          Al, 0.01% by weight or less of S, and the remainder, iron Fe and                                     
                          unavoidable impurities, and the pipe part has an electro-unite portion                               
                          that extends in an axial direction, the electro-unite portion and                                    
                          neighborhood thereof being hardened by a hardening treatment so as                                   
                          to have a Rockwell hardness HRC of 45 or more wherein the steel                                      
                          material contains S; and wherein the hardening treatment is a high-                                  
                          frequency induction hardening and tempering treatment.                                               
                          The Examiner relies on the following prior art reference as evidence                                 
                  in rejecting claim 1:                                                                                        
                  Ono    US 5,961,748   Oct. 5, 1999                                                                           
                          Claim 1 stands rejected under 35 U.S.C. § 102(b) as being anticipated                                
                  by or, in the alternative, under 35 U.S.C. § 103(a) as being obvious over                                    
                  Ono.                                                                                                         
                          We do not sustain the stated rejection, on this record.                                              

                                                                                                                              
                  1 Prior to final disposition of this application, the Examiner should review1                                                                                                           
                  claim 1 to determine if “…pipe pipe…”, as recited in line 2 thereof,                                         
                  represents a double inclusion that warrants correction.                                                      
                                                              2                                                                

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