1 We affirm. Since we rely on evidence and rationale not relied upon
2 by the examiner, applicant is authorized to treat our affirmance as a new
3 ground of rejection. 37 CFR § 41.50 (2006).
4
5 B. Facts
6 The record supports the following facts by a preponderance of the
7 evidence.
8 The invention
9 The invention relates to a fishing lure made from synthetic rubber
10 having a non-tacky surface. Specification, page 1, lines 3-4.
11 Prior to applicant's invention, many commercially available fishing
12 lures were made from "plastisol." Specification, page 1, lines 6-7.
13 A plastisol is a dispersion or emulsion of polyvinyl chloride (PVC)
14 resin in a plasticizer. Specification, page 1, lines 7-8.
15 Lures made of various plastisols are said to have been widely
16 accepted. Specification, page 1, lines 8-9.
17 The plastisol lures are capable of being molded into various shapes,
18 easily colored, relatively inexpensive and "appear lifelike." Specification,
19 page 1, lines 9-11.
20 A plastisol lure, however, is said to be deficient in that it (1) is not
21 very flexible, (2) is susceptible to tearing, (3) is relatively hard, (4) is
22 perceived as environmentally unsafe and (5) while appearing to be lifelike, it
23 does not feel lifelike. Specification, page 1, lines 11-15.
24 As a result, it has been proposed that lures be made of a synthetic
25 rubber as opposed to plastisols. Specification, page 1, lines 16-17.
26 The synthetic rubbers are thermoplastic elastomers, in particular
27 styrene block copolymers. Specification, page 2, lines 3-4.
2
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