Ex Parte Bennis - Page 9

                Appeal 2007-1788                                                                             
                Application 09/766,032                                                                       
                imparted by spring 64 (i.e., the spring constant of the spring), Riead teaches               
                that the float buoyancy of the bobber is about or approximately the same as                  
                the spring constant of the spring 64.                                                        
                      As to the limitation of allowing “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,” there is nothing in                   
                the claim that requires that once the spring is in its fully displaced position              
                that the bobber be completely submerged.  Giving the claim its broadest                      
                reasonable interpretation consistent with the discussion above, we interpret                 
                this limitation as requiring that the bobber be more submerged when the                      
                spring is displaced, such as when a fish bites the baited hook, than before                  
                any displacement of the spring, that is, the level of the bobber in the water                
                before the fish takes the bait.  Given Riead’s description of the bobber                     
                described by the patent, i.e.,, that the float buoyancy of the bobber (i.e., the             
                spring constant of the bobber in water) is only slightly greater than switch                 
                sensitivity, upon a fish taking the bait, more of the bobber main body would                 
                be submerged upon lighting of the lamp when compared to the level of                         
                submersion of the bobber main body when no fish has taken the bait.                          
                      As to claim 19, Appellant argues that Riead does not teach a force to                  
                displace the washer 62 as being substantially equal to the buoyant force of                  
                body 2, such that when the washer is in the down position the body is                        
                submerged (Br. 10).  Rather, Appellant urges, Riead teaches the opposite by                  
                teaching that the washer 62 is first displaced without submergence of the                    
                body 2 to light the lamp in order to provide a visual cue that a fish has taken              
                the bait, and it is only after the light has been lit does the body submerge                 
                (Br. 10).                                                                                    

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