Appeal No. 2005-1246 Page 2
Application No. 09/776,147
BACKGROUND
The appellant's invention relates to a fishing hook. A copy of dependent claim 24
is set forth in the appendix to the appellant's brief. Claim 23 reads as follows:
A fishing hook comprising a body composed of a metal which is exposed
for contact with water, a winding of metal, said winding having a central opening
with said body being within the central opening such that the winding extends
around the body in multiple turns to form a coil, the metal of said winding being
exposed for contact with water, and a nonconductive insulating layer between the
winding and the body to insulate the winding from direct contact with the body,
wherein the winding and the body are of dissimilar metals such that immersion of
the hook in water results in the generation of a fish-attracting electromagnetic
field as a result of electrolytic action between the two metals.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Goddard et al. (Goddard) 2,384,993 Sept. 18, 1945
Massie 4,970,808 Nov. 20, 1990
Claims 23 and 24 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Goddard in view of Massie.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the non-final
action (mailed October 21, 2003) and the answer (mailed June 17, 2004) for the
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