Ex Parte ONO et al - Page 2




            Appeal No. 2002-1764                                                          Page 2              
            Application No. 09/359,752                                                                        


                                               BACKGROUND                                                     
                   The appellants’ invention relates to a sporting rod member using a solid rod               
            (specification, page 1).  A copy of the claims under appeal is set forth in the appendix to       
            the appellants’ brief.                                                                            
                   The examiner relied upon the following prior art references of record in rejecting         
            the appealed claims:                                                                              
            Cosby                                  Re 16,118                 Jul.   21, 1925                  
            Hogarth                                3,974,012                 Aug. 10, 1976                    
            Kusumoto                               5,427,373                 Jun. 27, 1995                    
            Okada                                  5,968,621                 Oct. 19, 1999                    
                                                                       (filed Aug. 11, 1997)                  
            Herber                                 5,865,684           Feb. 02, 1999                          
                                                                       (filed May 01, 1997)                   
                   The following rejections are before us for review.                                         
                   Claims 1-3 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over              
            Okada in view of Herber and Cosby.                                                                
                   Claims 4-22 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over             
            Okada in view of Herber, Cosby, Kusumoto and Hogarth.                                             
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellants regarding the above-noted rejections, we make reference to the final               
            rejection and answer (Paper Nos. 9 and 14 ) for the examiner's complete reasoning in              
            support of the rejections and to the brief and reply brief (Paper Nos. 13 and 16) for the         
            appellants’ arguments thereagainst.                                                               








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