Ex parte CONSTANTIN - Page 4


            Appeal No. 2001-1848                                                      
            Application 08/932,988                                                    

            elsewhere, are provided in the leader 1, not in the fly-fishing           
            line 5 itself.  The leader of the fishing assembly is a                   
            component that is separate and distinct from the fly line                 
            itself as evidenced by the description in appellant’s                     
            specification (see, for example page 6, lines 20-27), by the              
            description in the Dawson patent that the leader 1 is attached            
            at one end to the fly-fishing line 5 (see page 1, lines 43-45             
            of the Dawson specification), by the description of the various           
            fishing components in pages 1-15 of the Cortland catalog which            
            accompanied appellant’s main brief and by the description in              
            the patents cited on page 2 of appellant’s reply brief.                   
            Moreover, claim 1 defines the fly-fishing line as being                   
            separate from the leader by explicitly stating that the fly               
            line is adapted to be attached at its second end to the leader            
            consistent with the description in the specification.                     
                 The examiner agrees that “the terms ‘fly fishing line’ and           
            ‘leader’ may have particular meaning in the fishing art”                  
            (answer, page 6).  He nevertheless contends that when “the                
            language of claim 1 has been interpreted as broadly as                    
            reasonably possible . . . there is nothing in claim 1 which               
            differentiates it from Dawson” (answer, page 6).  This                    
            statement is not entirely consistent with the applicable case             
            law governing the interpretation of claim language.                       


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