Ex parte THURBER et al. - Page 6




          Appeal No. 1998-1930                                       Page 6           
          Application No. 08/517,183                                                  


          in the factual basis for the rejection.  See In re Warner, 379              
          F.2d 1011, 1017, 154 USPQ 173, 177 (CCPA 1967), cert. denied,               
          389 U.S. 1057 (1968).                                                       


               With this as background, we analyze the prior art applied              
          by the examiner in the rejection of the claims on appeal.                   


               Muk Kim discloses a pipe for a fishing rod.  As shown in               
          Figure 1, the pipe includes a cylinder 1 having an outer                    
          surface, and a flexible rectangular wrapper 9 positioned about              
          the outer surface.  The wrapper has a predetermined design                  
          thereon and is covered with a transparent preservative                      
          coating.  Muk Kim teaches (column 2, lines 45--48) that in the              
          preferred embodiment the wrapper 9 carries a predetermined                  
          design 3 which displays pictures of fish which are dyed on the              
          wrapper.                                                                    
















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