Ex parte RIGNEY - Page 9




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


               Rigney discloses "[t]he hook or jig has an average                     
          density greater than the average density of water while the                 
          artificial bait has an average density less than the average                
          density of water" and "the volume of the bait is proportioned               
          to the volume of the hook so that their average density taken               
          together slightly exceeds the average density of the water so               
          that the hook and the body together sink relatively slowly in               
          the water" (col. 2, lines 2-13).  Upon removal of one or more               
          segments, such as leg segments, from Rigney's crawdad (fig.                 
          1), the predetermined drop rate (described in the table in                  
          column 4) of the initial body will inherently increase because              
          removal of a segment results in a less buoyant, artificial                  
          bait material.  Accordingly, appellant's arguments do not                   
          establish any difference between Rigney and claim 6 on appeal.              
          It follows that we will sustain the examiner's rejection of                 
          claim 6 inasmuch as all of the limitations are either                       
          expressly, or inherently, disclosed in Rigney.                              
               We also find that the limitations of claims 7-9, which                 
          further modify claim 6 by specifying at least two breakaway                 
          segments extending "serially" (claim 7) and "independently"                 
          (claim 8) from said main segment with the main and breakaway                
                                          9                                           





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