Appeal No. 1999-0704 Page 12
Application No. 08/558,661
have been obvious to mount the line guide of Kelly within a recess as shown by Harada to
increase the surface area between the rod tube and the line guide to increase the joint strength
and reduce stress between these two components (answer, pages 5 and 6). We find no support
in the teachings of Kelly and Harada for this contention.
Harada discloses a tubular body 1 having projections 2 formed by winding prepreg 5,
comprised of carbon or glass fiber impregnated with resin, around a core 3 and sintering it.
While Harada does not expressly discuss the role of the tape 4 illustrated in Figures 2-4, we
share the appellants' impression (brief, page 9) that the tape 4 is spirally wrapped around a
mandrel to form a core 3 and is removed after the prepreg has been wound about the core and
sintered, as shown in Figure 4, leaving a tubular body having on the inner surface thereof a
spiral recess corresponding to the outside surface formed by the wrapped tape. The area
between the turns of the recess forms the projections 2. From our perspective, the only
suggestion for providing the eye and sleeve in the recesses of the tubular body of Harada in the
manner proposed by the examiner is found in the luxury of hindsight accorded one who first
viewed the appellants' disclosure. This, of course, is not a proper basis for a rejection. See In
re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).
Therefore, we shall not sustain the examiner's rejection of claim 22.9
9We note of interest U.S. Patent No. 5,564,214, issued October 15, 1996 to Tomoyoshi Tsurufuji on
application No. 08/318,969, filed October 6, 1994 (prior to the earliest priority date claimed by the appellants under
35 U.S.C. § 119). This reference was cited by the examiner in Paper No. 8 and is of record in the application. The
embodiment of Figure 6 appears particularly pertinent to the subject matter of claim 22. This embodiment is
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