Ex parte AKIBA - Page 7




         Appeal No. 2000-0693                                                       
         Application 08/845,282                                                     


              fishing line and to enable the fishing line to slide                  
              through the interior of the fishing rod more easily.                  
              Thereafter, the examiner contended (final rejection                   
         (Paper No. 17), page 5) that “[t]he varied thickness                       
         limitation is deemed to be a matter of choice since the                    
         function is the same and no showing of unexpected results was              
         made.”                                                                     
              The examiner’s present position with respect to the above             
         noted limitations of the independent claims is found on pages              
         4-5 of the answer and reads as follows:                                    
              The Office Action mailed on Jan. 21, 1997 states                      
              near the bottom of page 3, that it would have been                    
              obvious to provide annular projections within the                     
              rod to reduce the contact area between the line and                   
              the interior of the rod.  The annular projections                     
              are interpreted to be a film layer of varied                          
              thickness.  Also, as shown in the JA ‘836 patent in                   
              Fig. 6, a tape layer 51 is wound around a mandrel                     
              (in the production of the rod using bundled filament                  
              yarns such as glass fibers or carbon fibers) in an                    
              overlapping spiral fashion which produces a layer of                  
              varied thickness to define a plurality of                             
              projections as can be viewed in the Fig.  The tape                    
              produces a film layer of varied thickness because                     
              the tape is overlaid and the overlapped areas are                     
              thicker than a single layer of tape.  See US ‘126 to                  
              Barnett which is the English equivalent to JA ‘032                    
              in column 4, lines 52-58.[6]  This discloses an end                   

              6 In that we have available to us a translation of the JA             
         ‘032 reference, it is unnecessary for us to resort to the U.S.             
         equivalent thereof in order to determine the teachings of this             
                                         7                                          




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