Ex Parte Rigney - Page 1




                                   The opinion in support of the decision being entered today was not written                       
                                          for publication and is not binding precedent of the Board.                                

                                                                                                          Paper No. 15              

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                           ____________                                                             
                                         BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                      AND INTERFERENCES                                                             
                                                           ____________                                                             
                                                 Ex parte FRANK J. CATALANO                                                         
                                                           ____________                                                             
                                                       Appeal No. 2003-0067                                                         
                                                     Application No. 09/713,480                                                     
                                                           ____________                                                             
                                                             ON BRIEF                                                               
                                                           ____________                                                             
               Before COHEN, STAAB, and BAHR, Administrative Patent Judges.                                                         
               STAAB, Administrative Patent Judge.                                                                                  


                                                      DECISION ON APPEAL                                                            
                       This is a decision on an appeal from the examiner’s final rejection of claims 10-15, all the                 
               claims currently pending in the application.                                                                         
                       Appellant’s invention pertains to a fishhook “which assumes and maintains an inverted                        
               position in the water so as to minimize the possibility of hangups during retrieval” (specification,                 
               page 1).  A further understanding of the invention can be derived from a reading of exemplary                        
               claims 10, 11 and 15, the three independent claims in the application, which are reproduced on                       
               pages 10-11 of appellant’s brief.                                                                                    
                       The references relied upon by the examiner as evidence of obviousness are:                                   





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