Appeal No. 2003-1981 Page 11
Application No. 09/715,684
holding apparatus 30 inherently allows a trainer and trainee to stand side-by-side with
one gripping the handle 10 and the other gripping the holding apparatus 30, whereby
the trainee can follow the trainer in order to get the feel and rhythm of proper casting
technique).
Claim 7 is readable on Batick as follows: A fly cast training device, comprising: a
flexible shaft section (Batick's fishing rod 11); a butt section (Batick's handle 10)
attached to said flexible shaft section; a spool (Batick's fishing reel 12) attached to said
butt section; a handle assembly (Batick's holding apparatus 30) between said butt
section and said flexible shaft section, said handle assembly including a plurality of
handle sections (Batick's side walls 42 and 44 while not handles are sections of the
handle assembly) secured together at both ends in a spaced relation by a pair of
brackets (Batick's rods 46 and 48 and/or adjusting screw 60 and 62).
The appellant's argument that claims 1 and 7 clearly distinguish over Batick is
unpersuasive since claims 1 and 7 are met by Batick as set forth above.
The appellant's argument that claim 3 clearly distinguishes over Batick is
persuasive since Batick's handle 10 and holding apparatus 30 are not secured together
at their distal ends in a spaced relation. All disclosed embodiments of the appellant's
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