Ex parte SIMONUTTI et al. - Page 5




          Appeal No. 1998-3371                                                        
          Application 08/614,383                                                      



                    The appellants have discovered that these goals can               
          be achieved by adding a plastomer to the rubber that is used                
          for the core in a conventional tennis ball.  As manifested in               
          claim 1, the tennis ball comprises a hollow core and a cover,               
          with the core being formed “from a composition including                    
          rubber and a plastomer defined as a copolymer of ethylene and               
          one or more                                                                 
          alkenes containing 4 to 10 carbon atoms.”  The claim goes on                
          to require that the ball have a “rebound” and a “forward                    
          deformation” of stated values as measured by the United States              
          Lawn Tennis Association.                                                    




                    This claim stands rejected as being unpatentable                  
          over Wood in view of Hazelton.  Wood discloses a conventional               
          pressurized tennis ball having a hollow rubber core.  The                   
          thrust of the Wood invention is to improve upon the cover.                  
          Hazelton is directed to a “thermoelastic” composition of                    
          ethylene-1-olefin copolymer and rubber.  The characteristics                
          of the composition  are described in the Abstract as “heat-                 

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