Appeal No. 98-0430
Application 08/688,141
of Walker and Schnase would not have, in particular, been
suggestive
of an article, a tool as claimed, wherein an enlarged spheri-
cal head portion, intended to be pounded into a baseball or
softball glove, has a radius of from about 1 to 2 inches.
Simply stated, the applied references are silent on particular
dimensions for any spherical end and, as we see it, provide no
motivation to effect a spherical end with a radius from about
1 to 2 inches, as now claimed. Thus, the rejection is re-
versed.
The rejection based upon Posey
We reverse the rejection of claims 9 through 12
under 35 U.S.C. § 103 as being unpatentable over Posey.
Considering again the content of claim 1, and set-
ting aside appellant’s disclosure, it is at once apparent to
us that the tool for pounding, now claimed, would not have
been suggested by the combined bank for coins and noisemaker
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