Ex parte WATSON et al. - Page 17




                 Appeal No. 1998-3003                                                                                    Page 17                        
                 Application No. 08/589,621                                                                                                             


                 evidence in this rejection to support the examiner's                                                                                   
                 determination of obviousness.   Accordingly, the decision of9                                                                                  
                 the examiner to reject claims 2 through 4 under 35 U.S.C. §                                                                            
                 103 is reversed.                                                                                                                       


                 Claim 5                                                                                                                                
                          The examiner determined (first Office action, p. 5) that                                                                      
                 "it would have been obvious to provide Fuentes with first and                                                                          
                 second conductors as shown by Buchanan to attract fish."                                                                               


                          The appellants argue (brief, p. 6) that Buchanan "does                                                                        
                 not fairly suggest terminal ends exposed to water and                                                                                  
                 conductive ends coupled to electronic circuity on a printed                                                                            
                 circuit board as required by Claim 5."                                                                                                 


                          The examiner responded (answer, pp. 4-5) to the                                                                               
                 appellants' argument stating that                                                                                                      


                          9Dugan teaches (column 2, lines 47-61) varying the                                                                            
                 frequency output of a transducer in a fishing lure.  The                                                                               
                 examiner should consider whether or not the subject matter of                                                                          
                 claims 2 through 4 would have been obvious under 35 U.S.C. §                                                                           
                 103 from the combined teachings of Fuentes and Dugan.                                                                                  







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