Appeal No. 2000-0528
Application No. 09/209,702
a sufficient pull force on the line, such as when a fish is hooked. Accordingly, we interpret the
claim terminology "fishing line release" as structure which is designed to hold fishing line and
release the fishing line upon the application of sufficient pull force on the fishing line.
Rejection (1)
The examiner's basis for rejecting the independent claims as being anticipated by Wille
is set forth on page 4 of the answer as follows:
Wille discloses a planar board comprising a base (10), a first line release (12, 13
attached to base by 14-16) mounted to the base at a middle, a second line release
(24) at a front having a positive retaining means (generally 24 with 25, 26, 30,
& 31), depression of the second line release (via tab 50) allowing a fishing line
to be inserted behind the positive retaining means (fishing line can be inserted
behind one of 25 or 26 when tab 50 is depressed creating a gap there beneath
for the line to be threaded thereunder tab 50 and about stud 25 or washer 26),
and at least one line retainer (33) attached to the base.
The structure that the examiner considers to be a first release is a tow bar 12 which is
bent so that its distal end 13 extends upwardly and slightly forwardly. The distal end 13 of the
tow bar is provided with a ring or other means to which a tow line 17 extending from a boat
18 may be attached (column 2, lines 31-48). The tow bar is not provided with structure for
holding a line and releasing the line upon the application of a predetermined pull force thereon
and, thus, is not a "fishing line release" as we have interpreted that terminology, supra.
Moreover, with regard to claim 46, even if the tow bar, with its distal ring or the like, were
considered to be a "release," the fishing line 49 is not inserted into the tow bar or the ring as
required by the claim.
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