Appeal No. 98-3354 Page 2
Application No. 08/427,743
the only other claim remaining in the application, has been
indicated as being allowable subject to the requirement that it
be rewritten to include all the subject matter of the claims
from which it depends.
The appellant's invention pertains to a fishing lure
comprising a soft body that is flexible and resilient.
Independent claim 21 is further illustrative of the appealed
subject matter and a copy thereof may be found in APPENDIX A of
the brief.
The references relied on by the examiner are:
Guzik 4,345,399 Aug. 24, 1982
Salminen 5,090,151 Feb. 25, 1992
The claims on appeal stand rejected in the following
manner:3
(1) Claims 21 and 22 under 35 U.S.C. § 102(b) as being
anticipated by Guzik;
(2) Claims 23, 24 and 28-33 under 35 U.S.C. § 103(a) as
being unpatentable over Guzik; and
3The final rejection of claims 21-28 under 35 U.S.C. §
112, second paragraph, was deemed by the examiner to have been
overcome by the above-noted amendment after final rejection
(see the advisory action mailed on August 28, 1996 (Paper No.
6)).
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