Ex Parte Shelton - Page 14



            1   characterization of the supposed "non-permanency" of prior art lures:  "as                        
            2   the [prior art] lure is used repeatedly in water, the oil is washed from the                      
            3   surface of the lure and it reverts to its tacky nature."  Specification, page 3,                  
            4   lines 14-16.  The coating of the prior art lures, as well as applicant's lures, at                
            5   some point revert to a tacky state.  "Permanent" does not tell one skilled in                     
            6   the art in any practical sense how the return to tackiness of applicant's lures                   
            7   is to be distinguished from the return to tackiness of the prior art lure.                        
            8                                                                                                     
            9                                          (3)                                                        
          10           A review of the prior art discussed in the specification reveals that a                    
          11    point of novelty of applicant's claimed invention is the use of a detackifier                     
          12    which (1) has a particulate size of 2 nanometers to 10 microns (claim 1                           
          13    and 17), (2) has a surface area of less than 1,000 square meters per gram                         
          14    (claims 17 and 19) and/or (3) is combined with a coating oil in a particular                      
          15    ratio, viz., 8000:25 ± 20 (claim 19).                                                             
          16           Styrene block copolymers have been used to make lures.  The                                
          17    STEREON 840 copolymer described by Hastings (col. 2, lines 43-46) is a                            
          18    styrene butadiene block copolymer.  See, e.g., U.S. Patent 4,582,876 issued                       
          19    to Weemes on 15 April 1986 and filed (10 September 1984) shortly after                            
          20    Hastings (25 July 1984).  At col. 6, lines 39-42 Weemes says:  "Stereon 840                       
          21    is a graded diblock copolymer of about 57% by weight butadiene and 43%                            
          22    by weight styrene and is sold by Firestone Synthetic Rubber & Latex Co."                          
          23    Thus, Hastings describes, consistent with applicant's description of the prior                    
          24    art, the use of styrene block copolymers to make lures.                                           
          25           Likewise, described by Hastings is the use of oil in combination with                      
          26    the styrene block copolymers and like applicant generally more oil is present                     
          27    than styrene block copolymer.                                                                     

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