Ex Parte Clark - Page 2




          Appeal No. 2003-1552                                                        
          Serial No. 10/116,937                                                       
                                    THE INVENTION                                     
               The appellant claims a fishing lure having air bubbles                 
          encapsulated in a solid plastic body.  Claims 21 and 27 are                 
          illustrative:                                                               
               21.  A fishing lure body consisting essentially of soft,               
          flexible, solid plastic having a plurality of air bubbles                   
          encapsulated therewithin, said encapsulated air bubbles occurring           
          only at preselected locations that are spaced along a preselected           
          length of said solid plastic body, and said solid plastic body              
          being devoid of air bubbles except at said preselected spaced               
          locations.                                                                  
               27.  A fishing lure comprising a soft, flexible body of only           
          solid plastic, a plurality of air bubbles encapsulated entirely             
          within said solid plastic body, said air bubbles being                      
          encapsulated within said solid plastic body only at predetermined           
          locations that are spaced along a longitudinal axis of said solid           
          plastic body, and said solid plastic body being devoid of any               
          randomly dispersed encapsulated air bubbles.                                

                                   THE REFERENCES                                     
          Lindgard                    4,732,766               Mar. 22, 1988           
          Kato                        5,667,739               Sep. 16, 1997           
                                   THE REJECTIONS                                     
               The claims stand rejected under 35 U.S.C. § 102(b) as                  
          follows: claims 21, 24, 25, 27, 30 and 31 over Kato, and                    
          claims 27-31 over Lindgard.                                                 
                                       OPINION                                        
               We reverse the aforementioned rejections.  We need to                  
          address only the independent claims, i.e., claims 21 and 27.                


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