Appeal No. 98-1427
Application No. 08/511,310
this language renders claim 1 indefinite in meaning.4
Claim 1 (line 8) sets forth that, in a static position, a
normally S-shaped curve is “extending above the head”.
However, as disclosed (depicted in Figures 1, 2, and 10), only
water is above the head of the fish bait. Thus, the claim
language is indefinite (inaccurate).
Claim 8 (lines 3 and 4) expressly sets forth the “tail”
as being a “flattened” web-like tail that retains, in a static
position, a normally “S-shaped curve”. However, as depicted,
for example, the tail is clearly not flattened. The
“flattened” recitation is therefore an inaccurate (indefinite)
characterization. Further, the recitation of both a
“flattened” strip and an “S-shape curve” adds an inconsistency
which renders the claim indefinite in meaning.
Claim 8 (line 3) recites a “web-like” tail. It is not
apparent what is intended by the recitation of “web-like”,
i.e., even if a particular meaning were attributed to the term
4 See Ex parte Remark, 15 USPQ2d 1498, 1500 (BPAI 1990).
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