Appeal No. 2005-0455
Application No. 09/974,341
the halves are pressed together in mating relationship and to
permit the halves to be unlocked and swing apart when squeezed
together along the seam of joinder between the mating halves, and
the living hinge being capable of holding a fishing line when the
mating halves of the spheroid are interlocked.
The examiner relies upon the following references as
evidence of obviousness:
Gregory et al. (Gregory) 1,240,043 Sep. 11, 1917
Sitzler et al. (Sitzler) 3,107,451 Oct. 22, 1963
Appellant's claimed invention is directed to a bobber for a
fishing line comprising cup-like mating halves that have edges
which are configured to lock together when the halves are pressed
together and to be unlocked when squeezed together. A living
hinge joins the mating halves together and is capable of holding
a fishing line when the halves are interlocked.
Appealed claim 8 stands rejected under 35 U.S.C. § 103 as
being unpatentable over Sitzler in view of Gregory.
We have carefully reviewed the respective positions advanced
by appellant and the examiner. In so doing, we are in agreement
with appellant that the examiner has failed to establish a prima
facie case of obviousness for the claimed subject matter.
Accordingly, we will not sustain the examiner's rejection.
A fundamental flaw in the examiner's § 103 rejection is that
the combination of Sitzler and Gregory does not result in the
presently claimed bobber. Neither reference teaches or suggests
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