Appeal No. 1999-1744
Application No. 08/743,521
Each of the independent claims on appeal, namely, claims
2 and 12, claims the fishing hook engaging end of the remover
as follows (with emphasis added):
an elongated shank that is fixed to the handle
and extends forwardly from the handle to terminate
in a forked end having divergent branches;
wherein one of the branches of the forked end is
further configured with a J-shaped portion such that
the forked end and J-shaped portion thereof are
contained in a common plane, and that the J-shaped
portion defines a rearwardly opening U-shaped slot .
. . .
In rejecting the claims, the examiner makes the following
findings of fact with respect to Cripps, the primary
reference:
Cripps shows a pistol grip handle 14, an elongated
shank 12 that is fixed to the handle and extends
forwardly from the handle to terminate in a forked
end having divergent branches 17, 18. Cripps shows
a J-shaped portion 17 that defines a rearwardly
opening slot (not labeled). . . . Cripps shows all
the elements recited in claim 2 with the exception
of the lateral flange fixed to the pistol grip.
[Final rejection, page 3.]
In addition, in the “Response to Argument” section of the
answer, the examiner states that “[t]he J-shaped structure of
Cripps and the forked end 18 are contained in a common plane
which is the plane of the plunger 12” (answer, page 4).
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