Appeal No. 2001-1848
Application 08/932,988
(see page 2), appellant has withdrawn claims 2 and 6-10 from the
appeal. The appeal as to claims 2 and 6-10 is therefore
dismissed. Accordingly, the only remaining issue is the question
of patentability of claim 1.
We reverse and remand this application to the examiner for
consideration of the matters discussed at the end of this
decision.
Appellant’s invention relates to a fly-fishing line (10)
having a proximal or first end that is adapted to be connected
to a reel or a backing line and distal or second end that is
adapted to be connected to a leader (32). According to claim
1, the fly-fishing line has “a strike indicator comprising a
plurality of regular,2 distinct light and dark alternating bands
of similar width [sic, widths?]3 beginning at the second end [of
the fly-fishing line] and continuing along a substantial
portion of the line, . . .” In appellant’s specification, the
claimed dark bands are described as “spaced apart bands” and
are designated by the reference numeral 38 (see, for example,
page 6, lines 29-31). The claimed light bands are not
designated by any reference numeral or reference character in
2 Consistent with appellant’s specification, the term “regular” is
interpreted to refer to bands having uniform widths.
3 Consistent with appellant’s specification, the recitation of “width” is
the dimension of each band measured longitudinally along the length of the
fishing line.
2
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