Ex Parte Jacobs - Page 1



                             The opinion in support of the decision being entered today                     
                                     is not binding precedent of the Board.                                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                               __________                                                   
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                               __________                                                   
                                        Ex parte SCOTT JACOBS                                               
                                               __________                                                   
                                            Appeal 2007-2027                                                
                                          Application 10/210,269                                            
                                         Technology Center 3700                                             
                                               __________                                                   
                                          Decided: July 13, 2007                                            
                                               __________                                                   
               Before DONALD E. ADAMS, ERIC GRIMES, and RICHARD M.                                          
               LEBOVITZ, Administrative Patent Judges.                                                      
               GRIMES, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                 
                      This is an appeal under 35 U.S.C. § 134 involving claims to a                         
               protective athletic cup.  The Examiner has rejected the claims as obvious.                   
               We have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                                     
                                             BACKGROUND                                                     
                      “Current athletic cups are sometimes formed from hard thermoplastic                   
               materials of sufficient strength to resist the impact of, for example, a                     
               baseball traveling at high speed” (Specification 1).  While conventional                     




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