Ex Parte Kruger - Page 3




                    Appeal No. 2002-1969                                                                                                                                  
                    Application No. 09/665,907                                                                                                                            


                    support of the rejections, and to appellant's brief (Paper No. 7,                                                                                     
                    filed January 14, 2002) and reply brief (Paper No. 9, filed                                                                                           
                    May 28, 2002) for the arguments thereagainst.                                                                                                         


                                                                              OPINION                                                                                     


                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determinations which follow.                                                                                             


                    Independent claim 1 sets forth appellant's novel method of                                                                                            
                    constructing a fishing lure (Fig. 1) including a tail slot (54)                                                                                       
                    in the rear end of tail section (16) of the lure and a tail (12)                                                                                      
                    affixed in the slot.  That method includes, inter alia, the steps                                                                                     
                    of a) providing a plurality of nylon strands; b) binding an                                                                                           
                    insert end of the strands; c) shaping the bound insert end to fit                                                                                     
                    in the tail slot; d) trimming a flared end of the strands,                                                                                            
                    opposite the insert end, into a desired shape; and e) affixing                                                                                        
                    the bound insert end in the tail slot.  A description of                                                                                              
                    appellant's claimed method is set forth on pages 5 and 6 of the                                                                                       

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