Appeal No. 1998-0123
Application No. 08/251,575
for producing the claimed rolling bearing at page 6 of the
specification:
To produce the rolling bearing of the
present invention, the carbonitriding
treatment is advantageously performed by
either one of the following schemes: it is
performed at a temperature in excess of
900EC; or it is first performed at a
temperature not exceeding 900EC and then
replaced by a diffusion treatment; or it is
first performed at a temperature not
exceeding 900EC and then at a temperature in
excess of 900EC.
This is in contrast with performing the carbonitriding at
temperatures in the range of about 650-900EC, which appellants
refer to as the "common treatment temperatures," which results
in a more-than-necessary large amount of nitrogen "in the
grinding allowance portion after carbonitriding and hardening
heat treatments" (see paragraph bridging pages 11 and 12 of
specification). The examiner has not pointed to any
disclosure in the cited references for the preparation process
disclosed in appellants' specification, and we find none
therein.
Consequently, we find that the examiner has failed to
establish a prima facie case of inherency which places upon
appellants the burden of demonstrating that the rolling
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