Ex Parte KING et al - Page 2



           Appeal No. 2001-2559                                                                
           Application No. 09/276,722                                                          

                                        The Invention                                          
                Appellants’ invention pertains to a fishing net “made of                       
           acoustically visible material to cetaceans, thereby preventing                      
           the incidental capture of cetaceans in the netting”                                 
           (specification, page 1).  As explained in the specification (page                   
           4):                                                                                 
                      The inventors have discovered materials which,                           
                when incorporated into a monofilament, render the                              
                monofilament more acoustically reflective at                                   
                frequencies used by cetaceans, at least in the 40-230                          
                kHz range.  By making the entire net more reflective,                          
                the net becomes more visible to cetaceans.                                     
                Representative appealed claim 13, a copy of which appears in                   
           the appendix to appellants’ brief, is directed to a fishing net                     
           made of an acoustically reflective monofilament comprising a                        
           polymeric matrix, wherein the polymeric matrix is either (1) a                      
           thermoplastic resin selected from the group consisting                              
           essentially of nylon 6 or nylon 66, and a filler selected from                      
           the group consisting essentially of zinc, barium sulfate and iron                   
           oxide, or (2) a thermoplastic resin selected from the group                         
           consisting essentially of a polyolefin, and a filler selected                       
           from the group consisting essentially of zinc and iron oxide.1                      

                1The term “iron oxide,” which was added to claims 13, 18                       
           and 21 by amendment, does not appear in the specification.  In                      
           order to bring the specification into compliance with 37 CFR                        
                                              2                                                




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