Appeal No. 2005-1543 2
Application No. 09/907,462
INTRODUCTION
The Examiner rejects the claims under 35 U.S.C. § 103(a). As evidence of
unpatentability, the Examiner relies upon the following prior art references:
Quenneville US 5,419,420 May 30, 1995
Dodd et al. (Dodd) WO 98/01,597 Jan. 15, 1998
Specifically, the Examiner rejects claims 8, 9, and 12 under 35 U.S.C. § 103(a)
as unpatentable over Quenneville in view of Dodd.
Appellant states that the claims stand or fall together (Brief, p. 5). We select
claim 8 to decide the issues on appeal. Claim 8 is directed to a starter including a shaft
constructed from a nitrided high speed steel, such as M50 alloy steel. Claim 8 reads as
follows:
8. A starter comprising:
a housing,
a planetary gear assembly supported within said housing;
a shaft arranged within said planetary gear assembly wherein a
portion of said shaft is constructed from a nitrided high speed steel.
We affirm and in so doing we adopt the findings of fact and conclusions of law
articulated in the Answer. We add the following for emphasis.
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