Ex parte WACKERMAN - Page 3




          Appeal No. 1998-3007                                       Page 3           
          Application No. 08/690,994                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a fishing lure and a              
          method of using a fishing lure.  An understanding of the                    
          invention can be derived from a reading of exemplary claims 12              
          and 19, which appear in the appendix to the appellant's brief.              


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims (i.e., the applied                
          prior art) are:                                                             
          Patterson                     3,003,276                     Oct.            
          10, 1961                                                                    
          Pippert                  5,070,639                     Dec. 10,             
          1991                                                                        
          Cole                          5,522,170                     June            
          4, 1996                                                                     



               Claims 12 and 14 stand rejected under 35 U.S.C. § 102(a)               
          as being anticipated by Cole.                                               


               Claims 13, 16 and 19 to 22 stand rejected under 35 U.S.C.              
          § 103 as being unpatentable over Cole.                                      










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