Ex parte RIGNEY - Page 3




          Appeal No. 1999-0969                                                        
          Application No. 08/790,501                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to an artificial bait                
          with breakaway segments for adjusting the drop rate in water                
          (specification, page 1).  A copy of the claims under appeal is              
          set forth in the appendix to the appellant's brief.                         
               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Rigney                  5,438,790               Aug. 8, 1995              
               Claims 1, 3, 6-9 and 13 stand rejected under 35 U.S.C.                 
          § 102(b) as being clearly anticipated by Rigney.1                           
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the examiner's answer (Paper               
          No. 12, mailed November 18, 1998) for the examiner's complete               
          reasoning in support of the rejection, and to the appellant's               
          brief (Paper No. 10, filed October 29, 1998) and reply brief                
          (Paper No. 13, filed January 19, 1999) for the appellant's                  
          arguments thereagainst.                                                     


                                                                                     
          1 The rejection of claims 2, 4, 5, 10-12 and 14-15 has been withdrawn by the

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