Appeal No. 98-3354 Page 4
Application No. 08/427,743
The weight recited in claim 21 is not recited to
cause the line to sink. Any object that has a
different density than the density of the lure body
can affect the overall density of the lure and can
act as a weight to be used to make the lure operate
on the water surface or at different depths beneath
the water surface. [Page 5.]
The appellant, however, disagrees. As to examiner's
position (a) the brief states that:
Applicant's specification states in lines 20-22
of page 7 that the lure body is to be "made from a
plastic material that is sufficiently soft that the
lure feels lifelike to game fish" . . . . Anyone
skilled in the fishing lure art has handled a live
bait, such as a minnow or a worm, and knows the way
fish bait that is lifelike feels. Accordingly, a
reasonable interpretation of the specification would
exclude hard and rigid lure bodies from meeting the
word "soft" or being covered by the word "soft" in
the claims because such hard and rigid bodies would
not feel lifelike. [Page 5.]
As to the examiner's position (b) the brief states that:
Those skilled in the fishing tackle art employ
the word "weight" for things that are used to cause
tackle or bait to sink in water. This is in accord
with the definition of the word weight in standard
dictionaries.
Applicant's specification states that the weight
is used to cause the lure to sink. (Lines 29 and 30
on page 6 and lines 1 and 2 and 18 on page 7) Since
the weight causes the lure to sink, it must have a
specific gravity greater than water. Therefore, the
Examiner's contention that the claims do not limit
the weight to being heavier than water is incorrect.
The limitations that the weight must be heavier than
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