Appeal No. 2003-0700
Application 09/547,578
DISCUSSION
I. The 35 U.S.C. § 103(a) rejection of claims 1 through 3, 6 and
7 as being unpatentable over Drake
Drake discloses a fishing lure which can be adjusted “to
travel at any desired depth below the surface of the water” (page
1, lines 3 and 4). The lure comprises a body 10, gang hooks 11
and 12, a line attaching eye 13, a metal tube 15 extending
transversely and rotatably through the body near its front end,
vanes 17 fixedly attached to the ends of the tube projecting from
the body, and a set screw 19 extending through the body so as to
be movable into contact with the tube 15. Drake explains that
[i]n use, the vanes 17 may be set to any desired
inclined position by turning the tube while the set
screw is released and are then locked in that position
by tightening the set screw. By this adjustment it is
determined whether the lure will travel along the
surface of the water as the line is reeled in or at
some desired depth according to the speed of travel,
the inclined vanes serving to pull downwardly the body
which would otherwise float [page 1, lines 83 through
94].
As framed by the appellant (see pages 5 and 6 in the main
brief and pages 2 and 3 in the reply brief), the dispositive
issue with respect to the rejection of claims 1 through 3, 6 and
withdrawn this rejection (see page 4 in the answer). Also, the
record indicates that the examiner’s omission of Watts from the
restatement of the rejection of claim 28 in the answer was
inadvertent.
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