Ex parte SOMMER et al. - Page 7




          Appeal No. 97-0739                                                          
          Application 08/163,265                                                      



          For these reasons, we will not sustain the examiner's rejection             
          of claims 1 through 3, 5, 6 and 9 under 35 U.S.C. § 103 based on            
          the teachings of Smith and Sturges.                                         


                    Having reviewed the patents to Goldstein, Richman and             
          Schmidt also applied by the examiner, we find nothing therein               
          which overcomes or supplies the deficiencies of the basic com-              
          bination of Smith and Sturges as discussed above.  In addition,             
          we note our agreement with appellants' position (reply brief,               


          pages 1-3) concerning the appropriate more narrow interpretation            
          to be given the terminology "spiral-shaped" in claims 4 and 12 on           
          appeal, and "series of spirals" as used in claim 16 on appeal.              
          In addition to the arguments made by appellants, we observe that            
          each of these claims requires the pole receiving member or series           
          of spirals to define a hollow interior "which is tapered                    
          upwardly."  Accordingly, it follows that the examiner's                     
          respective rejections of claims 4, 7, 8 and 10 through 20 under             
          35 U.S.C.                                                                   
          § 103 will likewise not be sustained.                                       



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