Appeal No. 1998-2139
Application No. 08/572,727
With this as background, we turn to the examiner’s
rejection of independent claim 13 under 35 U.S.C. § 103 as
being unpatentable over Akiba in view of Harada. The examiner
(answer, pages 3-4) is of the view that Akiba discloses a
hollow telescopic fishing rod comprising a fishing rod body
(12, 14, 16) having a plurality of body sections (14, 16)
wherein said body sections (14, 16) are formed from fiber
reinforced resins. It is further urged that the hollow
fishing rod body includes trapezoidal shaped line holding
protrusions (53, Figure 13). The examiner notes that Akiba
does not disclose the line holding protrusions to be in a
spiral pattern, as having arc shaped corners and as being
formed by a monobloc forming method. Harada is relied upon by
the examiner to provide line holding protrusions in a spiral
pattern. With respect to the “arc shaped corners” required in
claim 13 on appeal, the examiner asserts that such corners are
well within the “purview of the ordinary artisan", since the
ordinary artisan would have fully realized that a sharp
cornered line guide would quickly and undesirably abrade the
fishing line and therefore would have provided rounded or arc
shaped corners on the line holding protrusions. As for the
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