Appeal No. 2003-1981 Page 8
Application No. 09/715,684
fishing-line-guiding rings 5 are fixedly secured to the lower surface of a fishing rod
member 3. A space 51 is formed by two parallel rods 50a, 50b which are spaced apart
by a predetermined width, and whose one ends are connected with and fixedly secured
to one end of the grip handle 2, and whose other ends are connected with and fixedly
secured to one end of the fishing rod member 3. A fishing line 4 extends from the reel
6' through the space 51 and the fishing-line-guiding rings 5', 5 secured to the lower
surface of the fishing rod member 3. The fishing line 4 is moved through the space 51
formed in the intermediary axially central part of the fishing rod so as to prevent the
fishing line 4 from contacting the fishing rod body.
The rejections under appeal
In the rejection under 35 U.S.C. § 102(b) before us in this appeal, the examiner
concluded that the claimed handles or handle sections were readable on Batick's side
walls 42 and 44. In the rejection under 35 U.S.C. § 102(e) before us in this appeal, the
examiner concluded that the claimed handles or handle sections were readable on
Maeda's rods 50a and 50b. The appellant argues that the claimed subject matter as
set forth in the independent claims under appeal is not readable on either Batick's
fishing rod or Maeda's fishing rod. For the reasons which follow, it is our view that
independent claims 1 and 7 are readable on Batick's fishing rod but not on Maeda's
fishing rod and that independent claim 3 is not readable on Batick's fishing rod.
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