Ex Parte MORIMOTO et al - Page 5



          Appeal No. 2001-0112                                                        
          Application No. 08/486,494                                                  

          are utilized, and a Figures 6(a)-6(b) embodiment wherein a                  
          plurality of prepreg sheets having fibers oriented respectively             
          in the longitudinal direction and the circumferential direction             
          are employed.  Finally, Figure 7 illustrates a “still further               
          embodiment” (column 2, lines 59-60).  Although not further                  
          described in the specification, it appears that this drawing                
          figure corresponds to the situation described at column 4, lines            
          9-13, where an additional pattern winding is applied to the butt            
          end region of the rod.                                                      
               Insofar as we can determine, the examiner has advanced                 
          alternate theories of anticipation.  The examiner’s first theory            
          of anticipation is set forth in the paragraph spanning pages                
          3 and 4 of the answer and is based on Tukihara’s Figure                     
          7 embodiment, wherein a prepreg tape is spirally wound about a              
          mandrel, whereafter a pattern winding 7 having reinforcing fibers           
          running in both axial and circumferential directions is applied             
          thereover at the butt end of the rod.  This theory of                       
          anticipation appears to be premised on considering the inner                
          surface of the winding layer 7 as corresponding to the claimed              
          inner circumferential surface of the rod.  According to the                 
          examiner (answer, page 4), the appealed claims would then read on           
          the Figure 7 construction because                                           
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