Appeal No. 1998-3003 Page 11
Application No. 08/589,621
examiner's position regarding claim 1. Accordingly, the 6
decision of the examiner to reject claim 1 under 35 U.S.C. §
102(b) is affirmed.
Claims 7 and 8
The examiner determined (first Office action, pp. 3-4)
that claims 7 and 8 were anticipated since
Fuentes shows a securing means 19 and means 19 for
connecting a fishing lure opposite the module from the
support means a distance from the module.
A user fishing from a boat or tube would function as
support means to suspend the module beneath the surface
of the water.
The appellants argue (brief, p. 5) that Fuentes does not
disclose a "module" "suspended in water beneath support means
floating on said water." The appellants assert that the
examiner's speculations "concerning how the Fuentes structure
might be used are not extractable from the reference."
6We further note that the appellants' brief included no
evidence or argument addressing the examiner's position on
inherency, but merely incorrectly urged that Fuentes did not
disclose "a miniaturized printed circuit board with a printed
circuit on the circuit board."
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