Ex Parte Beil - Page 5


          Appeal No. 2005-0333                                                        
          Application No. 09/918,074                                                  

          for example, is directed to using a specific polyolefin article as          
          a battery separator.                                                        
               On this record, the examiner has not demonstrated that the             
          prior art references relied upon would have rendered the claimed            
          subject matter obvious to one of ordinary skill in the art within           
          the meaning of Section 103.                                                 
                                      OTHER ISSUE                                     
               Although Sibley is directed to using a fish attractant in a            
          thermoset(cross-linked) plastic, it mentions in “BACKGROUND ART”            
          known scented fish-baits comprising fibrous plastic net works and           
          sponge-like devices containing fish attractants.  See column 1,             
          line 60 to column 2, line 24.  It is not clear from Sibley that the         
          fibrous plastic or sponge-like devices of the known scented fish-           
          baits are made of a thermoplastic plastic or a thermoset plastic.           
          Thus, to fully explore the state of the prior art, the examiner is          
          advised to conduct an additional search to determine whether these          
          known scented fish-baits are made of the claimed thermoplastic              
          plastic.                                                                    
                                      CONCLUSION                                      
               In view of the forgoing, we reverse the examiner’s decision            
          rejecting all the claims on appeal under 35 U.S.C. § 103 and advise         


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