Ex Parte Davis - Page 3

                Appeal 2007-2318                                                                                 
                Application 10/947,324                                                                           

                said body of said jig during retrieval of the lure and said first edge being                     
                adapted to strike said jig during retrieval of the lure,                                         
                                    said blade having a mounting hole, said mounting hole                        
                being proximate said first edge and aligned about said central axis of said                      
                blade, said blade being attached to said jig via said mounting hole of said                      
                blade, said blade having therethrough a pair of line attachment holes, said                      
                pair of line attachment holes being aligned about said central axis of said                      
                blade and spaced away from said mounting hole of said blade and said pair                        
                of line attachment holes being space closely to one another.                                     
                       19. A fishing lure comprising;                                                            
                             a jig having an upper surface;                                                      
                             a blade having an edge proximal said jig, said edge being                           
                adapted to strike said jig during retrieval and a major portion of said blade                    
                being above said upper surface of said jig during retrieval;                                     
                       a mechanism for joining said jig and said blade together,                                 
                whereby said blade oscillating about said joining mechanism, the striking of                     
                said edge upon said jig limiting the oscillation in one direction.                               
                                                                                                                
                       Thus, claim 18 defines a fishing lure having a conventional jig and a                     
                blade.  The blade has a mounting hole close to one edge that attaches the                        
                blade to the jig, and a pair of holes to which the fishing line is attached.                     
                Claim 18 also requires that “a major portion of the blade [is] oriented above                    
                [the upper surface of the jig] during retrieval.”  We interpret this limitation                  
                to require that a substantial portion, but not necessarily a majority, of the                    
                blade be oriented above the jig body during retrieval.                                           
                       Finally, claim 18 requires that the edge of the blade proximate the                       
                hole attaching the blade to the jig be “adapted to strike the jig during                         
                retrieval of the lure.”  This limitation is a major point of contention; it                      
                therefore merits careful interpretation.  First, we interpret the claim to                       
                require only that the edge of the blade strike (i.e., contact) any part of the jig:              

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