Appeal No. 97-1277
Application No. 07/820,261
electronic scorekeeper of Peters created by the avid baseball
fan would have manually operable input elements and a
processing means. Appellant has not presented any persuasive
arguments that would lead us to conclude that the claimed
invention is structurally nonobvious over the similar
structure of the modified Peters baseball scorekeeper.
In summary, we have sustained the examiner’s rejection
of claims 41-44, but we have not sustained the rejection of
claims 13-19, 23, 30-32 and 34-40. Accordingly, the decision
of the examiner rejecting claims 13-19, 23, 30-32 and 34-44 is
affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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