Ex Parte Pflug et al - Page 4



          Appeal No. 2004-1171                                                        
          Application No. 09/754,618                                                  

               We sustain each of the obviousness rejections on appeal for            
          reasons explained, infra.                                                   

                                 The first rejection                                  

               Independent Claim 1 addresses a thrust ball bearing that               
          includes the feature of first and second circular ring shaped               
          bearing disks being made from a through-hardenable ferrous                  
          material.  Independent claim 7 sets forth a scroll compressor               
          that includes the feature of first and second bearing disks being           
          made from a through-hardenable ferrous material.3                           

               The patent to Niina discloses a thrust ball bearing in a               
          scroll compressor (Figs 1A and 5).  According to the patentee               
          (column 4, lines 18 through 39), heat treating hardness is                  
          intended for the steel bearing rings 4a,4b from the raceway                 
          surface 4a1, 4b1 to any depth.  Each of Volkmuth and the                    
          Technical Book reveal to us the knowledge in the art, at the time           



               3 It is worthy of pointing out that each of appellants’                
          independent claims require that the disks be made from “through-            
          hardenable” (not through-hardened) ferrous material.                        
                                          4                                           




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