Ex Parte Kruger - Page 5




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


                    The examiner's findings with regard to Cordell are set forth                                                                                          
                    as follows:                                                                                                                                           
                              Cordell shows providing a plurality of fibers 30,                                                                                           
                              binding an insert end of the strands 31, shaping the                                                                                        
                              bound insert end to fit in the tail slot (as shown in                                                                                       
                              Fig. 6), and affixing the bound insert end in the tail                                                                                      
                              slot by casting the lead body around the bound insert                                                                                       
                              as shown in Fig.7.                                                                                                                          

                              Appellant contends that the examiner has mischaracterized                                                                                   
                    the Cordell patent and that Cordell does not separately bind then                                                                                     
                    shape a plurality of bound nylon strands at the bound insert end                                                                                      
                    to fit in a tail slot, and then subsequently affix the bound                                                                                          
                    insert end into the slot, as required in claim 1 on appeal.  We                                                                                       
                    agree with appellant.                                                                                                                                 


                    Cordell discloses a process of forming a fishing lure                                                                                                 
                    wherein an end portion of the filament tuft (16) or (30) can be                                                                                       
                    embedded directly in the lead body (15)/(29) of the lure during                                                                                       
                    the process of molding the lure body.  More particularly, the end                                                                                     
                    portion of the filament tuft which is to be embedded in the lead                                                                                      
                    body is first enclosed in a sleeve (30) or jacket (17) which can                                                                                      
                    be in the form of a metallic strip that is wrapped around the end                                                                                     
                    portion of the filament tuft (col. 2, lines 54-56).  The material                                                                                     
                    of the sleeve or jacket is selected to have a melting point                                                                                           

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