Appeal No. 1998-3003 Page 12
Application No. 08/589,621
The examiner responded (answer, p. 4) to the appellants'
argument stating that "Fuentes shows a securing means 19 with
the lure 10 acting as the module" and that the support means
"is an angler floating on the surface of the water on a boat."
After review of Fuentes, we conclude that there is no
disclosure in Fuentes of "support means floating on said
water" from which the fish-attracting, sound-generating
"module" or lure 10 therein is suspended beneath in the water.
Thus, we agree with the appellants that the examiner's
speculations concerning how the Fuentes structure might be
used are not extractable from the reference. In that regard,
Fuentes does not disclose either (1) an angler floating on the
surface of the water on a boat, or (2) a user fishing from a
boat or tube to suspend the lure beneath the surface of the
water.7
7We recognize that Fuentes does disclose that his sonic
fishing lure may be used at great depths (column 2, lines 66-
68), however, Fuentes does not disclose that such lure is
suspended beneath support means (e.g., a boat or tube)
floating on the water.
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