Appeal No. 1999-0280
Application 08/672,383
definition, extend at a slight angle to a radial line
perpendicular to the longitudinal axis of the tube.
Furthermore, since the notches in the ribs of Chiang are
disclosed as perpendicular to these helical ribs, the notches
of Chiang must extend at an oblique angle to the longitudinal
axis of the tube. While the examiner admits that Chiang does
not disclose the 40 to 70 degree angle claimed in all claims
on appeal, the examiner has concluded that such an angle is a
matter of choice in design and would have been obvious to one
of ordinary skill in the art.
OPINION
We have carefully reviewed the rejection on appeal in
light of the arguments of the appellants and the examiner. As
a result of this review, we have determined that the applied
prior art does not establish a prima facie case of obviousness
with respect to the claimed subject matter on appeal.
Therefore, the rejection of the claims on appeal is reversed.
Our reasons follow.
Turning to the examiner's determination that the angle "
disclosed by Chiang would have been an obvious matter of
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