Appeal No. 2005-0845
Application 10/249,204
30 USPQ2d 1862, 1864 (Fed. Cir. 1994) (the preponderance of the
evidence standard requires the finder of fact to believe that the
existence of a fact is more probable than its nonexistence).
We note that the appellant has acceded to the examiner’s
rejection of claim 26 under 35 U.S.C. § 112, second paragraph.
This rejection is affirmed.
The following comprise our findings of fact as to the scope
and content of the prior art. Davis discloses a fishing lure
that may be used in alternative configurations. Davis discloses
a first means 12 with interior channels or tubes 20. The first
means includes a second means forming a front opening to the
interior channels or tubes 20. Inasmuch as these tubes are
disclosed as extending the full length of the body, we infer that
these tubes also have openings (not shown) in the rear thereof.
These tubes 20 comprise a fourth means for providing the interior
channel in the first means. The openings at the rear of the
tubes (not shown) comprise a third means to allow water to be
forced through the openings when the lure is pulled through the
water. The first means also includes a fifth means C for pulling
the first means through the water. See Figure 6. Note that Davis
describes the release of air bubbles from the tubes 18 as the
lure is drawn through the water. Col. 2, lines 31-34. Thus, it
is our finding that Davis has similar structure to that called
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