Ex parte RIGNEY - Page 7




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


          delineate portions of the bait for removal.  "[T]he                         
          delineation may be accomplished, for example, by... distinct                
          changes in contour of the bait material, such as by the                     
          junction point 27 of the leg 29 with the main segment of the                
          body 11" (specification, page 6).  Figure 1 of Rigney shows a               
          main segment of a crawdad body with legs joined to the body at              
          junction points.  The contour of the junction points in Rigney              
          are virtually the same as the contour of the junction points                
          in appellant's drawings.  To the extent that appellant's legs               
          can be broken away from the body, the legs in Rigney likewise               
          are inherently capable of being broken away in a similar                    
          fashion, which is all that is required.  Thus, appellant's                  
          subject matter of claim 1 is satisfied by Rigney.                           
               It follows that we will sustain the examiner's rejection               
          of claim 1, and also of dependent claim 3, which specifies the              
          contour as the delineating feature.                                         


          The 35 U.S.C. § 102(b) rejection of claims 6-9 and 13 as being              
          clearly anticipated by Rigney.                                              
               We will also sustain the examiner's 35 U.S.C. § 102(b)                 
          rejection of claims 6-9 and 13.                                             
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