Appeal No. 1999-1504 Page 8
Application No. 08/787,262
cylinder (8) attached to the movable hood (7) surrounding the handle except for the reel
mounting portion and the fixed hood (column 3, lines 48-53). The cover cylinder, in essence,
bridges the fixed and movable portions to prevent any undesired gap in the handle in the region
of the reel attachment. The bulge shape of the cover cylinder (8), of course, helps
accommodate an angler's hand to permit easy gripping of the portion of the rod onto which the
reel is mounted to attain a smooth fishing operation. Thus, it would have been apparent to one
of ordinary skill in the art that the bulge or cover cylinder (8) should be located in the region of
the reel attachment portion of the rod and should overlap the fixed handle portion (5). As the
positioning of the center of the bulge diametrically opposite from the fixed hood and the peak of
the bulge either opposite from or to the butt end side of the fixed hood, such that the height of
the bulge is continuously reduced from a point opposite the fixed hood to a point opposite the
movable hood, solves no stated problem, it is our opinion that the exact positioning of the
center or peak of the bulge would have been an obvious matter of design choice within the skill
of the art. See In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).
Appellant (brief, page 13), in essence, alleges that the positioning of the peak and center
of the bulge solves a stated problem in that appellant has "developed a uniquely benefitial [sic:
beneficial] fishing rod handle that enables the angler to precisely manipulate the fishing rod
through the use of his/her fingers, while at the same time stably grasp the rod handle (see page
5, lines 9-11 of the specification)." Turning to page 5, lines 9-11, of the specification as
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