Ex parte FUKUDA et al. - Page 5




          Appeal No. 1998-2206                                                        
          Application No. 08/537,143                                                  


          angle between a tangent to the connecting line tangentially                 
          contacting the connecting line at a contact point and a plane               
          perpendicular to the axial direction changing at a constant                 
          rate.                                                                       


               Dependent claims 4, 5, 19, and 20 respectively set forth               
          that the connecting line can become a parabola or a hyperbolic              
          curve if the tubular part is cut and flattened.                             


               As evidence of anticipation, the examiner relies upon the              
          Monsees '072 patent, which incorporates by reference the                    
          Monsees '408 patent.  Considering the referenced documents as               
          a whole, we are not convinced by the examiner's findings that               
          the two Monsees' teachings evidence a connecting line wherein               
          the angle between a tangent to the connecting line                          
          tangentially contacting the connecting line at a contact point              
          and a plane perpendicular to an axial direction changes at a                
          constant rate.  The examiner has not shown that the equation                
          governing the curvature of the groove 22 of Monsees '408                    
          (column 4, lines 5 through 24) establishes, in fact, a                      
          connecting line as defined in independent claim 1, which so                 
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