Ex Parte Hunter et al - Page 1


                           The opinion in support of the decision being entered today was not written              
                                 for publication and is not binding precedent of the Board.                        

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                   __________                                                      
                             BEFORE THE BOARD OF PATENT APPEALS                                                    
                                           AND INTERFERENCES                                                       
                                                   __________                                                      
                                Ex parte GORDON HUNTER, RANDY FESMIRE,                                             
                                      HARSH GUPTA and DANIEL HEUER                                                 
                                                   __________                                                      
                                             Appeal No.  2006-3075                                                 
                                           Application No.  10/313,205                                             
                                                   __________                                                      
                                                    ON BRIEF                                                       
                                                   __________                                                      
                Before ADAMS, LINCK and LEBOVITZ, Administrative Patent Judges.                                    
                ADAMS, Administrative Patent Judge.                                                                


                                             DECISION ON APPEAL                                                    
                       This is a decision on the appeal under 35 U.S.C. § 134 from the                             
                examiner’s final rejection of claims 1-9, 14, 17 and 18, which are all the claims                  
                pending in the application.                                                                        
                       Claim 1 is illustrative of the subject matter on appeal and is reproduced                   
                below:                                                                                             
                       1. A method of producing a modified surface on a metallic substrate                         
                           comprising the steps of:                                                                
                              modifying the texture of at least a portion of the surface of said                   
                              metallic substrate to a roughness of Rmax of about 0.4 mm or                         
                              greater; and,                                                                        
                              oxidizing at least a portion of the surface of said metallic substrate               
                              to form a diffusion hardened surface on said metallic substrate.                     




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