Appeal No. 2000-0528
Application No. 09/209,702
surfaces of the release. Therefore, we have determined that the stud 25 is an equivalent of the
reciprocating pin, or other retaining means (specification, page 44), disclosed in the appellant's
specification and responds to the positive retaining means for preventing a fishing line from
escaping a first end of the fishing line release, as recited in claim 55.
The stud 25 is a peg , as required by claims 51 and 56. Further, with regard to claim5
55, as explained in column 4, lines 15-23, depression of the lever 50 on the clip member 27
forces the back edge of the clip member 27 to open against the compression of the spring 30 so
that the line 49 can be inserted between the abutting faces of the back up washer 26 and clip
member 27. A length of line passing around the stud 25 between the back up washer and clip
member is "behind" the stud as viewed from the diametrically opposite side of the stud.
CONCLUSION
To summarize, all of the examiner's rejections of claims 46, 47, 51, 55 and 56 under 35
U.S.C. § 102 are reversed. A new rejection of claims 51, 55 and 56 is entered pursuant to 37
CFR § 1.196(b).
This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b)
(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53131, 53197 (Oct. 10,
1997), 1203 Off. Gaz. Pat. Office 63, 122 (Oct. 21, 1997)). 37 CFR § 1.196(b) provides that,
"A new ground of rejection shall not be considered final for purposes of judicial review."
5A projecting pin or bolt used to hang things on, fasten ropes to, mark degrees of measurement or keep the
score in a game, etc. (Webster's New World Dictionary, Third College Edition (Simon & Schuster, Inc. 1988)).
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