Ex Parte Shelton - Page 9



            1   to casting forces and resists removal when a lure coated therewith is fished,                     
            2   i.e., used to try to catch fish.  Col. 1, lines 45-48.                                            
            3          The formulation is made up of (1) a stable-water-in-oil emulation of                       
            4   petrolatum mineral jelly or wax, (2) a water soluble delivery agent, (3) a                        
            5   thickening agent and (4) a water soluble fish attractant.  Col. 1, line 65                        
            6   through col. 2, line 1.                                                                           
            7          Suitable thickening agents include ethylene-acrylic acid copolymers,                       
            8   polyethylene waxes, silica (e.g., CAB-O-SilTM), naturally occurring silicates,                    
            9   and naturally occurring silicate clays.  The most preferred agent is fumed                        
          10    silica.  Col. 2, lines 19-22.                                                                     
          11           The preferred formulations are said to be made of (1) 50-80%                               
          12    petrolatum, (2) 10-30% water soluble delivery agent, (3) 1-10% thickening                         
          13    agent, and 0.01-20% attractant.  Col. 3, lines 6-8.                                               
          14           The lure is coated with the formulation by any suitable method                             
          15    depending on the viscosity of the final formulation and the available                             
          16    packaging/dispensing containers available.  Col. 3, lines 40-43.                                  
          17                                                                                                      
          18                                           (3)                                                        
          19           In addition to the prior art relied upon by the examiner, other prior art                  
          20    is relevant to the issues on appeal.  The other prior art shows that one having                   
          21    ordinary skill in the art would have recognized that CAB-O-SILŪ fumed                             
          22    silica is a well-known anti-tacking agent in a wide variety of fields.                            
          23                                                                                                      






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Last modified: September 9, 2013