Appeal No. 2002-1507 4
Application No. 09/196,87
Orvis is directed to so-called “Orvis Braided Leaders” for fly fishing. Few details of
the leaders can be discerned from the Orvis publication beyond the fact that the leaders
include a loop at each end thereof. Presumably, the loops at each end of the leader
facilitate securing the opposite ends of the leader to the fly line and the tippet,
respectively, without the need of tying knots.
In rejecting the appealed claims, the examiner takes the position (final rejection,
page 2) that it would have been obvious to one of ordinary skill in the art (1) “to provide FR
‘232 [Gregoire] with a loop at both ends as shown by the ORVIS catalog to provide a
knotless leader,” and (2) “to employ at least four strand portions . . . since routine
experimentation would be used to determine the number of strands . . . .” Concerning (2),
the examiner further posits that “[o]ne skilled in the art would have found it obvious to fold
the strand back onto itself a plurality of times to increase the strength of the leader” (final
rejection, page 4).
The examiner’s rejection fails to set forth a prima facie case of obviousness with
respect to the claims under appeal since the applied references, taken either individually
or collectively, do not disclose or suggest a fly fishing leader comprises at least four strand
portions. Clearly, Gregoire does not disclose or suggest this construction. As to Orvis, the
examiner admits (final rejection, page 2) that it cannot be discerned from the disclosure
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