Appeal No. 1998-3286
Application 08/233,914
tempered metal as shown in Fig. 4" (page 1, lines 60 and 61).
The reference further states that (page 1, lines 64 to 71):
It is desirable that the separable ends of the
hoop C shall be fashioned so that they will readily
interlock and hold securely. This may be
accomplished in a great variety of ways well known
to the skilled mechanic, some of which are shown in
Figs. 3, 4, 5, and 6, and it is not necessary to
attempt a specification of all of them.
As shown in Figs. 4 and 5 of Philion, the hoop ends may be
joined by an interlocking joint similar to that disclosed by
appellant at 24, 26, and by Astle in Fig. 5.
The "spring-tempered metal" hoop is shown in Fig. 4 of
Philion with a gap between its two ends, from which, coupled
with Philion's disclosure (quoted above) that the ends should
"readily interlock and hold securely," the examiner concludes
that Philion suggests that the hoop be in tension when the
ends are joined. However, as appellant argues, there is
nothing in Philion to suggest that the hoop shown in Fig. 4 is
shown in its rest (free) condition, and it appears to us that
since the purpose of the hoop is to force the two parts of the
pulley together it would more likely be in compression, i.e.,
with its ends overlapped when in the rest condition.
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