Ex parte TUCKER - Page 5




          Appeal No. 98-1048                                                          
          Application 08/516,245                                                      


          22.  The body includes an engagement projection 21 and the                  
          head includes a neck hole 23 for receiving the engagement                   
          projection.  As shown in Figure 1, the engagement projection                
          has a generally ball-shaped end, a cylindrical base and a                   
          narrow portion therebetween, and the neck hole has internal                 
          surfaces which seat upon these elements.                                    
               According to the examiner,                                             
               [i]t would have been obvious to have provided the                      
               non-spherical enlarged retaining end (5) of Rovex .                    
               . . with an enlarged ball-like end (21) of Takara.                     
               As further taught by Takara, this requires                             
               complimentary [sic] shaped walls to engage such a                      
               wide end retainer and would also have been obvious                     
               to have provided with Rovex.  Specifically, this                       
               complimentary [sic] wall structure includes a                          
               tapered aperture (where contact with ball 21 is made                   
               in the figure) extending from the neck (23) recess                     
               toward the top of the end ball, forming an inwardly                    
               extending edge which lockingly engages the narrowed                    
               portion [answer, page 4].                                              



               The examiner has not explained, however, nor is it                     
          apparent, why one of ordinary skill in the art would have                   
          found this modification of the Rovex doll to be obvious.                    
          Indeed, the importance Rovex places on the stark undercut                   
          shape embodied by cone 5 to the attainment of a secure                      

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