Ex parte JACKEL et al. - Page 7




          Appeal No. 1998-0491                                                        
          Application 08/125,002                                                      


          viewed the overall substantially L-shaped cross-sectional ring              
          configuration of Reik as responding to or suggestive of a                   
          tubular section of sheet metal having an axial end surface                  
          provided with a plurality of tapped recesses extending in the               
          sheet metal in an axial direction of the tubular section                    
          (claim 43) or provided with at least one recess in said end                 
          surface of the sheet metal tubular section (claim 45).                      


               As can readily be discerned from our analysis, supra, the              
          evidence of obviousness proffered by the examiner simply would              
          not have been suggestive of the particular subject matter of                


          appellants’ claims.  Lacking evidence, we are, therefore,                   
          constrained to reverse the rejection under 35 U.S.C. 103.                   


               In summary, this panel of the board has reversed the                   
          rejection of claims 27 through 37, 39, and 42 through 47 under              
          35 U.S.C. § 103(a) as being unpatentable over Reik.                         


               The decision of the examiner is reversed.                              


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