Ex Parte Ratte - Page 3


                Appeal 2007-0201                                                                             
                Application 10/973,635                                                                       

                                           THE REFERENCES                                                    
                Biss     US 5,233,786  Aug. 10, 1993                                                         
                Brown    US 5,946,849  Sep.  07, 1999                                                        

                                             THE REJECTION                                                   
                      Claims 10-15 stand rejected under 35 U.S.C. § 103 as being                             
                unpatentable over the combined disclosures of Brown and Biss.                                
                                                 OPINION                                                     
                      The rejection is affirmed as to claims 10-12, 14 and 15, and reversed                  
                as to claim 13.                                                                              
                                          Claims 10-12, 14 and 15                                            
                      Brown teaches that “lead-containing fishing devices are frequently                     
                lost during use, which can result in poisoning of the environment and of the                 
                animals therein” (col. 1, ll. 23-25).  Brown discloses a fishing device such as              
                a lure, jig or sinker which, to avoid the toxicity of lead, is made of bismuth,              
                alone or in combination with other non-toxic metals (col. 1, ll. 46-47; col. 1,              
                l. 1 – col. 2, l. 7).  The fishing device is formed by casting, spin molding,                
                dropping, punching or any other suitable method (col. 1, ll. 63-65).                         
                      Biss likewise teaches that lost lead fishing sinkers are toxic to the                  
                environment (col. 1, ll. 11-15).  Biss replaces lead with steel or other metal               
                shot, preferably steel made of iron and other elements but having less than 1                
                percent of toxic heavy metals (col. 1, ll. 36-39; col. 2, ll. 37-41).  Biss’s                
                sinker is elongated and flexible and comprises a string of metal or steel                    
                shot (12) separated by annular indentations (11) in a tubular jacket (15) that               
                preferably is heat shrunk polyolefin (col. 1, ll. 46-50; col. 2, ll. 6-8; 31-35).            


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