Appeal No. 1998-0123
Application No. 08/251,575
nitrogen gradient is the rate of change in the concentration
of nitrogen in the depth direction of the surface.
Appealed claim 2 stands rejected under 35 U.S.C. § 112,
fourth paragraph. Claims 1-5 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over either Furumura or JP '257.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we will
sustain neither of the examiner's rejections for essentially
those reasons expressed by appellants.
Regarding the rejection under § 112, fourth paragraph, we
concur with appellants' reasoning espoused at pages 19 and 20
of the Brief. In our view, claim 2 further defines the
grinding allowance portion remaining after the carbonitriding
and hardening steps recited in claim 1.
We now turn to the examiner's rejection under § 103. The
examiner points out that both references disclose rolling
bearings having a surface comprising carbon and nitrogen in
amounts which overlap the recited ranges, and the examiner
also cites Furumura's disclosure that the solid solution of
carbon and nitrogen is uniformly formed at the surface. As a
result, even though neither reference discloses the claimed
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