Appeal No. 2004-1004
Application No. 10/011,074
The subject matter on appeal relates to a fishing lure.
Further details of this appealed subject matter are recited in
representative claims 1, 2, and 8 reproduced from the
application, as amended on Dec. 2, 2002 (paper 3):
1. A fishing lure comprising:
a substantially solid flexible body portion;
at least one weight at least partially
encapsulated within said substantially solid flexible
body portion and stationary relative thereto; and
wherein said at least one weight being insoluble
in water.
2. A fishing lure as defined in claim 1 wherein
said at least one weight is completely encapsulated in
said flexible body.
8. A fishing lure comprising:
a substantially solid flexible body portion;
a plurality of independent weights, each said
weight being at least partially encapsulated in said
substantially sold [sic, solid] flexible body portion
and stationary relative thereto; and
wherein each of said weights is insoluble in
water.
The examiner relies on the following prior art references
as evidence of unpatentability:
Welch 1,689,541 Oct. 30, 1928
Elges 6,484,434 B1 Nov. 26, 2002
(filed Nov. 27, 2000)
Claims 1 and 8 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Welch. (Examiner’s answer mailed Oct. 20, 2003,
paper 10, page 3; final Office action, page 3.) Also, claims 1
through 5, 8, and 9 stand rejected under 35 U.S.C. § 102(e) as
2
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