Appeal 2007-1788
Application 09/766,032
Claim 19 requires that “the force to displace said member to a down
position is substantially equal to the buoyant force of the bobber main
body.” As we can find no definition for “substantially” in the Specification,
we use its ordinary and accepted meaning of “to a great extent or degree.”3
We thus interpret claim 19 as requiring that the force to displace said
member to a down position is almost the same as, but not necessarily equal
to, the buoyant force of the bobber main body. As explained above, Riead
teaches the float buoyancy of the bobber (i.e. the spring constant of the
bobber in water) is only slightly greater than switch sensitivity, and “only
slightly greater” reads on “substantially.” Thus, even though Riead teaches
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, because of
only the slight difference, the lamp would light and then only slightly
thereafter the body would be completely submerged.
As to claim 22, Appellant argues that Riead does not teach “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.” (Br. 12.) Appellant asserts that the washer 62 is located
underneath the body 2, and thus would be submerged before the body (id.).
Thus, according to Appellant, Riead does not provide for gradual resistance,
and is not even concerned with the advantage of providing for gradual
resistance.
3 Dictionary.com. WordNet® 3.0. Princeton University.
http://dictionary.reference.com/browse/substantially (accessed: June 28,
2007).
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