Ex Parte Kruger - Page 6




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


                    higher than that of lead, so that when the sleeve enclosed end                                                                                        
                    portion of the filament tuft is placed in a mold (Figs. 3 and 6)                                                                                      
                    and molten lead is poured around the same, the sleeve/jacket                                                                                          
                    effectively protects the filaments against heat damage and the                                                                                        
                    filament tuft becomes securely embedded in the lead body as the                                                                                       
                    latter cools.  Figure 6, pointed to by the examiner, shows the                                                                                        
                    jacket or sleeve (31) inserted in a mold (32), along with the                                                                                         
                    shank (26') of a fish hook, prior to the time that molten lead is                                                                                     
                    poured into the mold via inlet (19).                                                                                                                  


                    In looking at Cordell, it is clear that no slot exists in a                                                                                           
                    lure body during the time that the filament tuft (16) or (30) and                                                                                     
                    jacket (17) or sleeve (31) are being assembled and formed, indeed                                                                                     
                    no lure body exists in Cordell at all at that time.  Thus, there                                                                                      
                    is no step in Cordell, or need of a step, of "shaping the bound                                                                                       
                    inset end to fit in the tail slot" of a lure, as in appellant's                                                                                       
                    claim 1 on appeal.  While there may be some shaping of the sleeve                                                                                     
                    (31) or jacket (17) in Cordell to ensure a proper fit in the                                                                                          
                    mold, there is no shaping of the bound insert end to fit in a                                                                                         
                    tail slot of the lure, as required in appellant's claims on                                                                                           
                    appeal.  In Cordell, the molten lead conforms to the shape of                                                                                         
                    that portion of the filament sleeve or jacket in the mold and                                                                                         

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