Appeal No. 2000-0528
Application No. 09/209,702
Cir. 1993); Johnston v. IVAC Corp., 885 F.2d 1574, 1580, 12 USPQ2d 1382, 1386 (Fed.
Cir. 1989).
Claim 55 recites a "positive retaining means for preventing a fishing line from escaping
a first end of said second fishing line release." Wille’s second fishing line release 24 includes a
threaded stud 25 affixed to and extending laterally from the body 11, a back up washer 26, a
clip member 27, a pair of washers 29 separated by a coil spring 30, and a wing nut 31. The
threading of the wing nut onto the stud 25 against the compressive force of the spring produces
a clamping force between the abutting faces of the washer 26 and clip member 27 for clamping
the fishing line 49. As pointed out by the examiner on page 7 of the answer, a fishing line
threaded or looped around the threaded stud 25 would be retained by the second line release 24
regardless of the tension or strike exerted upon the line. Thus, the threaded stud 25 performs
the identical function recited in the means-plus-function limitation "positive retaining means for
preventing a fishing line from escaping a first end of said second fishing line release" of claim
55. Moreover, the stud 25, by blocking passage of a looped fishing line to thereby prevent its
escaping from an end of the release 24, performs the same function in substantially the same
manner to produce substantially the same results as the reciprocating pin disclosed in the
appellant's specification and is substantially identical in structure to the appellant's reciprocating4
pin, in that it takes the form of a pin or peg passing through the middle of the clamping
4 See Odetics Inc. v. Storage Tech. Corp., 185 F.3d 1259, 1267, 51 USPQ2d 1225, 1229-30 (Fed. Cir. 1999).
8
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