Ex Parte SITTON - Page 2




            Appeal No. 2002-0606                                                    Page 2             
            Application No. 08/989,574                                                                 


                                            BACKGROUND                                                 
                  The appellant's invention relates to a fishing hook having improved penetration      
            capability which is comprised of two or more materials (specification, p. 1).  A copy of   
            the claims under appeal is set forth in the appendix to the appellant's brief.             


                  The prior art reference of record relied upon by the examiner in rejecting the       
            appealed claims is:                                                                        
            Nobusato                      JP 6-2692361                  Sept. 27, 1994                 



                  Claims 1 to 5, 15 to 17, 20 and 22 stand rejected under 35 U.S.C. § 102(b) as        
            being anticipated by Nobusato.                                                             


                  Claims 6 and 18 stand rejected under 35 U.S.C. § 103 as being unpatentable           
            over Nobusato.                                                                             


                  Rather than reiterate the conflicting viewpoints advanced by the examiner and        
            the appellant regarding the above-noted rejections, we make reference to the final         
            rejection (Paper No. 17, mailed February 7, 2001) and the answer (Paper No. 20,            


                  1 In determining the teachings of Nobusato, we will rely on the translation of record provided by
            the Japanese Patent Office.                                                                







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