Ex parte MERRILL et al. - Page 5




          Appeal No. 98-2097                                                          
          Application NO. 08/670,320                                                  
                    threaded connection which can become hard                         
                    to make up after periods of use and                               
                    exposure to the elements.  Additionally, by                       
                    using the snap feature of the cap 40, a                           
                    fastener is eliminated and a neater design                        
                    is presented which is easier for the                              
                    fisherman to use.                                                 

               To address the subject matter of claim 1 with its "snap-               
          fitted end cap," the examiner has applied as evidence of                    
          obviousness the fishing reel drum teaching of Hardy, with its               
          "cover element 3 being fixed to the drum by means of rivets 6"              
          (page 1, lines 85, 86).  Based upon the sole applied teaching               
          of Hardy, the examiner has concluded that "it would have been               




          obvious to one having ordinary skill in the art at the time                 
          the                                                                         
          invention was made, to snap fit the cap 3 onto the side of the              
          reel by providing a rib on the spool and a circumferential                  
          opening on the cap, in place of the rivets 6" (answer, page                 
          6).                                                                         


               Appellants point out (main brief, page 5) that the                     
          examiner has failed to find any other reference, alone or in                

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