Ex Parte Barbary - Page 2



          Appeal No. 2005-0845                                                        
          Application 10/249,204                                                      

          are newly rejected in the examiner’s answer. All other rejections           
          have been dropped by the examiner in the examiner’s answer.                 
               The claimed invention is directed to a fishing lure which              
          when towed or retrieved through the water oscillates or swings at           
          the end of the fishing line and is made to dive into and raise              
          out of the water.  The lure also has apertures at the rear end in           
          which air trapped in the lure bubbles out of the lure attracting            
          fish.                                                                       
               The claimed subject matter may be further understood with              
          reference to the appealed claims appended to appellant’s brief.             
               The reference of record relied upon by the examiner as                 
          evidence of anticipation is:                                                
               Davis               4,881,340                Nov. 21, 1989             


                                   The Rejections                                     
               Claims 2, 4, 5, 7, 10 through 12, 21 through 23, 25 and 27             
          through 29 stand rejected under 35 U.S.C. § 102 as anticipated by           
          Davis.                                                                      
               Claim 26 stands rejected under 35 U.S.C. § 112, second                 
          paragraph as indefinite.                                                    
               For the full details of these rejections reference is made             
          to the examiner’s answer.  For the full details of appellant’s              
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