Appeal No. 1998-3007 Page 8
Application No. 08/690,994
18-26) that in the second embodiment of the lure (i.e., Figure
3) the front face of the front section 37 is flat beveled or
slightly concave surface 38 such that the leading edge 39 of
the front face is located at the bottom of the lure and the
trailing edge 40 of the front face is at the top of the lure.
Cole teaches that "[s]uch a configuration causes the lure to
oscillate or wobble from side to side as it is pulled through
the water." In addition, Cole teaches (column 2, lines 7-10)
that in the second embodiment, "the front face of the first
section has a completely angled surface to reduce the
side-to-side motion of the lure somewhat and to produce more
of an irregular wiggle wobble type action." [Emphasis ours].
Thus, we find that the motion produced by Cole's slightly
concave surface 38 is erratic as the lure is pulled through
the water.2
2We have also considered the declaration of Al K. Kalin
(dated August 20, 1997). However, that declaration does not
establish that Cole's Figure 3 embodiment is not capable of
erratic action as the lure is pulled through the water.
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