Ex parte EBELING - Page 2




                 Appeal No. 98-0430                                                                                                                     
                 Application 08/688,141                                                                                                                 



                 Before COHEN, ABRAMS and FRANKFORT, Administrative Patent                                                                              
                 Judges.                                                                                                                                
                 COHEN, Administrative Patent Judge.                                                                                                    


                                                           DECISION ON APPEAL                                                                           
                                   This is an appeal from the refusal of the examiner                                                                   
                 to allow claims 9 through 12, as amended subsequent to the                                                                             
                 final rejection.  These claims constitute all of the claims                                                                            
                 remaining in the application.                       2                                                                                  


                                   Appellant’s invention pertains to a baseball or                                                                      
                 soft- ball pocket forming tool.  An understanding of the                                                                               
                 invention can be derived from a reading of exemplary claim 9,                                                                          
                 a copy of which appears in APPENDIX A of the reply brief                                                                               
                 (Paper No. 15).                                                                                                                        





                          2Based upon the explicit statement in the answer (page 2)                                                                     
                 that claims 1 through 8 were canceled, it appears to us that                                                                           
                 the amendment canceling claims 2 through 4, attached to the                                                                            
                 main brief (Paper No. 13), was entered by the examiner, al-                                                                            
                 though no notation to that effect appears on the referenced                                                                            
                 amendment.                                                                                                                             
                                                                           2                                                                            





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