Ex parte BARRON - Page 12




          Appeal No. 1998-1919                                      Page 12           
          Application No. 08/620,993                                                  


          obvious to provide Ursrey with a sound generator as shown by                
          Smith to attract more fish because sound is a well known fish               
          attractor.                                                                  


               The appellant argues (brief, p. 5) that the claimed                    
          subject matter is not suggested from the applied prior art.                 
          We agree.  Claims 12-14 and 30-32 require the transducer to be              
          "an electromechanical device."  Thus, these claims require the              
          second housing to contain the electromechanical device at the               
          same time the first housing contains the pulse train                        
          generator.  In our view, this is not suggested by the combined              
          teachings of the applied prior art.  That is, there is no                   
          suggestion for modifying Ursrey in the manner proposed by the               
          examiner to meet the claimed limitations absent the use of                  
          impermissible hindsight.                                                    


          Claim 26                                                                    
               With respect to claim 26 , the examiner determined (first4                                              
          Office action, p. 4) that                                                   


               4Claim 26 requires the morsel to comprise "a jig bait."                







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