Ex parte TANAKA - Page 3




          Appeal No. 98-1033                                                          
          Application No. 08/574,330                                                  


          (specification, page 2).  Independent claim 4 is illustrative               
          of the appealed subject matter and reads as follows:                        

               4.   A metallic ball bat comprising:                                   
                    a metal handle section; and                                       
                    a metal barrel section extending from said handle                 
          section, wherein a plurality of longitudinal polishing grooves              
          are formed in an exterior surface of said metal barrel                      
          section.                                                                    

                                    The Prior Art                                     
               The following references of record are relied upon by the              
          examiner in support of a rejection under 35 U.S.C. § 103:                   

          Gubbins                       805,132                  Nov. 21,             
          1905                                                                        
          Easton et al. (Easton)        4,177,989                Dec. 11,             
          1979                                                                        
          Carr                               4,763,900                Aug.            
          16, 1988                                                                    

               Easton discloses a metallic baseball bat.  Easton is                   
          silent as to the presence or absence of polishing grooves on                
          the barrel of the bat.                                                      



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