Appeal 2007-1788
Application 09/766,032
By selecting the appropriate spring constant the bobber main body can be
made to simultaneously submerge as a fish displaces the slid[e]able rod with
respect to the bobber main body to thereby provide gradual and smoothly
increasing resistance.” (Id. at 3-4.) The Specification also discloses a
preferred embodiment in which “the force required to completely depress
the spring [is] approximately equal to the buoyancy force of bobber main
body” (Id. at 9).
DISCUSSION
Claims 18, 19, and 22 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Riead.
According to the rejection set forth by the Examiner:
The patent to Riead shows a bobber in Fig. 1 having a
main body 2 providing a buoyant force to normally maintain
the bobber main body in a floating condition and a spring 64
having a spring constant that is about equal to the spring
constant of the bobber in water or the total force to compress
the spring with respect to the bobber main body is
approximately equal to the total force to submerge the bobber
main body and the resiliently displaceable member 62 to allow
the simultaneous submersion of the bobber main body and the
displacement of the member with respect to the bobber main
body so as to provide gradual resistance as disclosed in column
5, lines 1-25.
(Office Action mailed November 16, 2005, 2).
The burden is on the Examiner to set forth a prima facie case of
unpatentability. See In re Glaug, 283 F.3d 1335, 1338, 62 USPQ2d 1151,
1152 (Fed. Cir. 2002). In order for a prior art reference to serve as an
anticipatory reference, it must disclose every limitation of the claimed
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