Ex parte THURBER et al. - Page 3




                 Appeal No. 1998-1930                                                                                     Page 3                        
                 Application No. 08/517,183                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a fishing rod.  An                                                                       
                 understanding of the invention can be derived from a reading                                                                           
                 of exemplary claims 21 and 24, which appear in the appendix to                                                                         
                 the appellants' brief.                                                                                                                 


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Muk Kim                                      5,090,149                                             Feb. 25,                            
                 1992                                                                                                                                   
                 Evers                                        Des. 346,754                                 May  10, 1994                                



                          Claims 2 to 8, 11 to 14, 18 and 20 to 26  stand rejected                3                                                     
                 under 35 U.S.C. § 103 as being unpatentable over Muk Kim in                                                                            
                 view of Evers.                                                                                                                         


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           

                          3The examiner's statement of the rejection (answer, p. 4)                                                                     
                 does not include pending claims 25 and 26 but does include                                                                             
                 canceled claims 15 and 16.  However, the body of the rejection                                                                         
                 (answer, p. 12) does refer to claims 25 and 26.  Accordingly,                                                                          
                 we consider claims 25 and 26 to be before us in this appeal.                                                                           







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