Appeal No. 1999-0280
Application 08/672,383
It is quite apparent to us that Chiang has disclosed a
specific angle for the notches in his helical ribs, the
specific angle
being for the purpose of ease of manufacture of the tooling
equipment. Therefore, the examiner's conclusion of
obviousness is not based on underlying facts from the Chiang
reference. Far from being an obvious matter of choice in
design, Chiang carefully selects the angle of the notches to
the ribs for a specific purpose. Consequently, the Chiang
reference clearly teaches away from appellants' claimed
subject matter of an angle " of 40 to 70 degrees.
We have carefully reviewed the examiner is not relying on
the Kouda reference for a teaching or suggestion of the
claimed " angle of 40 to 70 degrees with respect to the
longitudinal axis of the tube. See answer, paragraph bridging
pages 6 and 7. Therefore, the Kouda reference adds nothing to
the Chiang disclosure on this critical point.
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