Ex parte LABESKY - Page 4




          Appeal No. 1998-3286                                                        
          Application 08/233,914                                                      


               contends that Figs 4 and 5 which show a rest                           
               condition with the free ends spaced and the explicit                   
               reference to the ends being held securely in lines                     
               64-71 of Philion at least suggest that the ring be                     
               in tension.                                                            
               Appellant argues, first, that Philion constitutes                      
          nonanalogous art, not being either from appellant's field of                
          endeavor or pertinent to the problem with which appellant is                
          concerned.  In the view we take of this case it is unnecessary              
          to decide this question, and for the sake of argument we will               
          assume that Philion is analogous art, and proceed to resolve                
          the question of obviousness based on that assumption.                       
               Appellant further argues that Philion does not disclose a              
          hoop which has free ends spaced apart in the rest position and              
          which would be in tension when the ends are joined.                         
               The hoops disclosed by Philion are used to clamp the two               
          parts of a split pulley on a shaft; each hoop C fits in a                   
          groove b at each end of the pulley and "forces together the                 
          two parts of the pulley" (page 1, lines 50 to 52).  The hoop                
          is separable at one or more places so that it can fit over the              
          shaft (page 1, lines 52 to 54).  Philion discloses that the                 
          hoop may be made in one piece, and "might be made of spring-                


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