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- 4Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007