Ex parte AKIBA et al. - Page 7




              Appeal No. 1998-2204                                                                                            
              Application No. 08/470,432                                                                                      


                                            NEW GROUNDS OF REJECTION                                                          
                      Pursuant to 37 CFR  1.196(b), we enter the following new grounds of rejection of                       
              claims 16-18 and 27.                                                                                            
                      Claims 16, 18 and 27 are rejected under the judicially created doctrine of double                       
              patenting over claim 4 of the appellants' U.S. Patent No. 5,479,740  in view of Horton and4                                          

              Cranston.                                                                                                       
                      Claim 4 of the appellants' patent recites all of the subject matter of claims 16 and 18                 
              except the particular angular range of 3-20 degrees between the axis of the guide means and the                 
              longitudinal axis of the tubular member and the first and second guide rings.  To provide an                    
              angle of 15 degrees, which falls within the recited range, between the axis of the guide means                  
              and the longitudinal axis of the tubular member would have been obvious to one of ordinary                      
              skill in the art to minimize the line contact with the interior wall of the tubular member while                
              permitting easy passage of the line into the guide member, as taught by Horton (column 3, lines                 
              25-39).  To further provide low friction bushes or rings at the first and second ends of the                    
              guide means to assist free passage of the line, as taught by Cranston (page 2, lines 3-38), would               
              also have been obvious to one of ordinary skill in the art.  In view of the recitation in claim 4               
              of the appellants' patent that the first and second ends both lie in planes perpendicular to the                



                      This patent issued on Application No. 08/193,647, filed February 7, 1994, the parent of the instant4                                                                                                      
              application.                                                                                                    
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