Appeal No. 2005-0845 Application 10/249,204 30 USPQ2d 1862, 1864 (Fed. Cir. 1994) (the preponderance of the evidence standard requires the finder of fact to believe that the existence of a fact is more probable than its nonexistence). We note that the appellant has acceded to the examiner’s rejection of claim 26 under 35 U.S.C. § 112, second paragraph. This rejection is affirmed. The following comprise our findings of fact as to the scope and content of the prior art. Davis discloses a fishing lure that may be used in alternative configurations. Davis discloses a first means 12 with interior channels or tubes 20. The first means includes a second means forming a front opening to the interior channels or tubes 20. Inasmuch as these tubes are disclosed as extending the full length of the body, we infer that these tubes also have openings (not shown) in the rear thereof. These tubes 20 comprise a fourth means for providing the interior channel in the first means. The openings at the rear of the tubes (not shown) comprise a third means to allow water to be forced through the openings when the lure is pulled through the water. The first means also includes a fifth means C for pulling the first means through the water. See Figure 6. Note that Davis describes the release of air bubbles from the tubes 18 as the lure is drawn through the water. Col. 2, lines 31-34. Thus, it is our finding that Davis has similar structure to that called 4Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007