Ex parte MOORE - Page 2

          Appeal No. 1999-2361                                                        
          Application 08/410,496                                                      

          included a rejection of these claims in the examiner's answer               
          nor has he indicated their allowability.  Accordingly, to                   
          clarify the record, we will, in our decision, consider the                  
          rejection of claims 7 and 15 as advanced by the examiner in                 
          the final rejection.                                                        
               The claimed invention is directed to an artificial                     
          fishing lure with a parabolically shaped anterior section, a                
          parabolically shaped posterior section and a circumvoluted                  
          middle section which includes a 90 degree twist therein.  The               
          circumvoluted middle section and the posterior section                      
          comprise less than half the length of the fishing lure but the              
          balance of the lure's mass, therefore making the center of                  
          gravity of the fishing lure rearward of the fishing lure's                  
          longitudinal center.                                                        
               The claimed subject matter can be further considered with              
          reference to the claims on appeal appended to appellant's                   
               The references of record relied upon by the examiner as                
          evidence of obviousness are:                                                
          Turner                   2,244,378                Jan. 29, 1940             
          Panicci                  3,418,744                Dec. 31, 1968             


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