Ex Parte Telakowski - Page 3




            Appeal No. 2005-1543                                                              3              
            Application No. 09/907,462                                                                       


                                                 OPINION                                                     
                   There is no dispute that Quenneville describes a starter having a housing (gear           
            housing 12), a planetary gear assembly (30) within that housing, and a shaft (stationary         
            shaft 33) within the planetary gear assembly as required by claim 8 and as found by the          
            Examiner (Answer, pp. 3-4).  There is also no dispute that Dodd describes subjecting             
            bearing components made from high speed steel, such as M50 alloy steel, to a nitriding           
            process in order to improve wear resistance, resistance to debris damage, and rolling            
            contact fatigue resistance as further found by the Examiner (Answer, pp. 4-5).  The              
            Examiner further finds that “one of ordinary skill in the art would have been motivated to       
            utilize the materials of Dodd in the structure of Quenneville in order to provide the gas        
            turbine engine bearing components (including the shaft) of Quenneville with the                  
            desirable properties taught in Dodd.” (Answer, p. 5).  The Examiner has found all of the         
            claimed elements within the prior art and advanced a finding of a suggestion to                  
            combine those elements based on objective evidence within the prior art teachings.               
            Therefore, the Examiner has established a prima facie case of obviousness in                     
            accordance with 35 U.S.C. § 103(a).  See In re Fine, 837 F.2d 1071, 1075, 5 USPQ2d               
            1596, 1598  (Fed. Cir. 1988) (there must be "some objective teaching in the prior art or         
            that knowledge generally available to one of ordinary skill in the art would lead that           
            individual to combine the relevant teachings of the references").                                









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