Ex Parte Bielinski et al - Page 2




             Appeal No. 2003-0491                                                          Page 2              
             Application No. 09/584,173                                                                        


                                               BACKGROUND                                                      
                   The appellants’ invention relates to holders for fishing rods which provide means           
             for automatically setting the hook at the end of the fishing line when a fish strikes the         
             bait.  A copy of the claims under appeal is set forth in the appendix to the appellants’          
             brief.                                                                                            
                   The examiner relied upon the following prior art references in rejecting the                
             appealed claims:                                                                                  
             Becker et al. (Becker)                 975,822                   Nov. 15, 1910                    
             Creviston et al. (Creviston)           3,550,302                 Dec. 29, 1970                    
             Moisan                                 4,573,281                 Mar.   4, 1986                   
             Smoluk                                 4,912,870                 Apr.   3, 1990                   

                   The following rejections are before us for review.                                          
                   Claim 1 stands rejected under 35 U.S.C. § 102(b) as being anticipated by                    
             Smoluk.                                                                                           
                   Claims 2-4 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over               
             Smoluk in view of Moisan.                                                                         
                   Claim 1 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                 
             Becker in view of Creviston.1                                                                     
                   Claims 2-4 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over               
             Becker in view of Creviston and Moisan.                                                           

                   1 The examiner’s reference to claims 2-4 in the answer was clearly an inadvertent error.    







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