Ex parte NICOLOSI - Page 2




          Appeal No. 97-2939                                         Page 2           
          Application No. 08/431,798                                                  


               This is a decision on appeal from the final rejection of               
          claims 1 through 3, all of the claims remaining in the                      
          application.  A prior decision regarding similar subject matter             
          was rendered by this Board in grandparent application Serial                
          No. 07/675, 507 on August 27, 1993.                                         

               The invention is directed to a percussion implement, viz.,             
          a drum stick.                                                               

               Independent claim 1 is reproduced as follows:                          
               1.   A percussion implement, which comprises:                          
               a bundle of a plurality of wooden outer rod members of a               
          diameter of about 1/4 inches radially disposed about a                      
          centrally-disposed wooden inner rod member of a diameter of                 
          about 1/4 inches, each of said outer rod members being in                   
          contact with said centrally-disposed inner rod member and                   
          adjacent ones of said outer rod members along said bundle;                  
               a hollow handle member positioned about an end of said                 
          bundle; and                                                                 
               a sleeve member positioned about said bundle and having an             
          inner diameter dimensioned for axial movement on said bundle,               
          said inner diameter of said sleeve member dimensioned to                    
          develop a frictional force with outer surface portions of said              
          radially disposed outer rod members to prevent slippage of said             
          sleeve member from said bundle in use of said percussion                    
          instrument, said sleeve member being movable along said bundle              
          from said handle member to a distal end of said bundle for                  
          providing a different sound during usage of said percussion                 
          instrument selective positioning of said sleeve member about                








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