Appeal No. 98-0430
Application 08/688,141
of Posey, keeping in mind that the claimed tool includes an
enlarged spherical head portion with the head portion being
of a radius of from about 1 to 2 inches and being intended to
be pounded into a baseball or softball glove. We perceive no
reasonable basis in the Posey patent that would have motivated
one of ordinary skill in the art to configure a ball design,
as taught by Posey, with the particular radius range of from
about 1 to 2 inches, now claimed. It follows that this rejec-
tion must be reversed.
At this juncture, we make note of the declaration of
John J. Ebeling II, a copy of which is appended to the main
brief. As to the content thereof, we point out that the
claims on appeal are not commensurate with declarant’s indica-
tion (paragraph 9) that to make a suitable pocket the diameter
of the tool head “must be at least 2 inches.”
REMAND TO THE EXAMINER
We remand this application to the examiner to con-
sider the claimed subject matter relative to arts addressing
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