Ex parte AKIBA et al. - Page 8




         Appeal No. 2000-0530                                                     
         Application No. 08/811,192                                               


         in rod sections 2 and 3.  Rod-section 4 has three pass-through           
         rings 12 and a butt-end ring 16 fixed in place.                          


              Contrary to the view of the examiner, it is our opinion             
         that the collective teachings of Vance and SU ’045 would not             
         have suggested the present invention to one having ordinary              
         skill in the art.  As we see it, each of Vance and SU ’045               
         clearly reveal distinct, alternative configurations for                  
         passing a line through a hollow bore fishing rod.  As such,              
         absent reliance upon impermissible hindsight, it is not                  
         apparent to us that one having ordinary skill in the art would           
         have been motivated to selectively alter the fishing rod of              
         Vance in light of the SU ’045 teaching, as proposed by the               
         examiner, to thereby yield the  fishing rod of independent               
         claims 27, 28, 36, 37, 38, and 40.  We also perceive that each           
         of these reference teachings would not have been suggestive of           
         a fishing rod structure with components thereof being                    







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